Legal Question in Family Law in California
a custodial mom not wanting to give out of state visitation
My six yr olds dad, who has never followed through with a set visitation plan for six yrs., now wants my daughter to visit him out of state for extended periods thru out the year.The contact that he has had,at his discretion has never been regular nor lengthy. What can I do to prevent him from taking her out of the state for visits that he really doesn't care about? In six yrs. she has never spent more than 3days with him, without me. What can I do?
1 Answer from Attorneys
Re: a custodial mom not wanting to give out of state visitation
If you don't have a court ordered/approved visitation schedule, he has to file an Order to Show Cause for visitation. If you have one, then it probably has a clause that prevents either parent from taking the kid out of state without court approval anyway. If the order was made in his state, you need to petition to have the case moved out here, because you may find yourself having to appear where the order was made.
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