Legal Question in Family Law in California

Can the dad take child out of state if mom doesn't want him to? No one has custody yet just separated. Child is 7 weeks.


Asked on 4/10/13, 2:33 am

1 Answer from Attorneys

Yes he can. Absent a custody order or the automatic restraining orders that go into effect when a divorce is filed and served, either parent can take the child anywhere in the U.S. without the other parent's consent or court order. From there, however, it can get very complicated, depending on whether the intent is to permanently remove the child from the state, or just leave and come back. Also, when it comes down to a custody hearing, a parent who is autocratic and makes unilateral decisions, particularly ones that interfere with the child's relationship and bonding with the other parent, is going to be presumed to be the one who should not have primary custody.

Read more
Answered on 4/10/13, 9:05 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California