Legal Question in Family Law in California

You have the right to file for divorce, or respond to his filing, and ask the court to issue a "move away" order. You have to either have an order after a hearing, or an order by stipulation, and if he won't sign anything, you can't have a stipulation.

When you file and serve your divorce action, include with that a request for order to allow you to relocate the child to another state. Please meet with an experienced family law attorney to explore your legal options.