Legal Question in Family Law in California
If a couple is getting divorced, can the wife take their child out of the state without the husband's consent?
Asked on 11/15/10, 10:15 am
1 Answer from Attorneys
Not if the divorce has been filed and the repondent served. The filing and service of the Family Law Summons puts automatic restraining orders in place, including prohibiting removing any minor children from the state. Before the case is filed and served, however, either parent is free to take the children out of state.
Answered on 11/20/10, 10:46 am
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