Legal Question in Family Law in California
My husband and I are separating and he has moved to a new apt. I want to get an apt with our two year old son but he refuses to put his name on the lease. I work part time and am trying to go full time but no luck so far.
I will not be able to get an apt with just my salary and he is very unreliable about payment. Would I be allowed to take our son out of state to stay with my parents until I get back on my feet financially? We live incalifornia.
1 Answer from Attorneys
As long as there is no divorce on file, either parent can take the child out of state. Expect, however, for him to respond with a divorce filing and a motion for an order that the child be returned to California, unless you and he work something out before you take the child out of state. If you know you will be getting divorced, it may be better to just file now, and get a child support order to help you out financially.
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