Legal Question in Family Law in California
can i take my children out of state on vacation if im separated frome my husband?
Asked on 8/02/09, 2:23 pm
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
The answer to your question depends upon facts that you have not inclueded.
If a petition for dissolution or legal separation has not been filed, and there is no court order, then you have the right to take the children out of state for a vacation.
If a petition for dissolution or legal separation has been filed then yo cannot remove the children from the state of California without the written consent of you husband or a court order.
If there is a court order for custody and visitation then the terms of the court order are controlling.
Answered on 8/02/09, 9:25 pm