Legal Question in Family Law in California
Child out of state
My 10 year old son has recently been awarded to his father. There is nothing in the court papers regarding out of state regulations. He has physical custody, but we have joint legal custody. He lives in Arizona, I in California. My son just informed me his dad plans on taking him to Hawaii in may for a wedding. Is he legally allowed to do this without my permission? Shouldn't he have to ask to take him out of the state?
1 Answer from Attorneys
Re: Child out of state
It depends on what the order states which gave his father physical custody. I am unsure why you are concerned that he participate with his father in what looks like a happy family/friend occasion, unless it interferes with your visitation. If it does, perhaps you can negotiate with his father to substitute another time. Consider that your son will probably enjoy going to Hawaii.
Good luck.