Legal Question in Family Law in California

my daughter lives in AZ, has a son, and never married her son's father. Her son's father and her have ended their relationship and she wants to move back to California with her son while the father stays in AZ. He has verbally threatened her. Can she leave the state without his consent?


Asked on 10/24/10, 8:19 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

She should contact the court to see ilf anyone can answer the question, and if not some women support groups. She might be able to just ask an attorney a quick question in interviewing the attorney to see if she really needs one.

My guess would be that since they were never married, apparently no order of child support, he would have to file a motion with the court to try to stop her from leavilng with their child. Since there is no proof at this point that he will not let her go, it would be premature to sue now. Courts do not deal with academic questions; there must be at least two parties arguing different positions.

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Answered on 10/29/10, 9:10 pm

Mr. Sher apparently does not spend much time, if any, in Family Court. In addition, since they both live in AZ, as does the child, this would be completely governed by AZ law. So you need to repost this question for AZ attorneys to answer, not California attorneys.

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Answered on 10/29/10, 9:46 pm


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