Legal Question in Family Law in California
Can I leave the country for 6-8 months with my daughter for a medical procedure?
I currently have full and sole custody of my 4 1/2 year old daughter. I also have a restraining order against my X husband that expires in 2004. My X husband lives in Auburn, Washington. He does not pay child support. He has no contact with our child. I have recently opened a case with the District Attorney in Orange County, California to try and collect some child support. I am extremely overweight and I have an opportunity to have a surgery done to help me with my weight for no cost. I in no way plan to stay in this country for longer than 6-8 months. Do I need his permission to take her out of the country even though he has no contact with her, nor is paying any child support? I want to do the right thing even though I know I just left he would never even know. He is a very mean and angry meth (speed) used and to punish me he would say no if I has someone contact him to get permission. I will be with family while in this country and as a matter of fact it will be a family member that will be performing the surgery. Please Tell Me...can I do this legally without his consent since I do have Full and Sole custody of the child?
3 Answers from Attorneys
Re: Can I leave the country for 6-8 months with my daughter for a medical proced
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
At the beginning of a divorce proceeding, Automatic Temporary Restraining Orders go into effect. One of these ATROs, prevents both parties from removing the child(ren) from the state. The answer to your question is in the language of the order that gave you "full and sole custody" of your daughter. Does it make mention of taking the child out of the state/country? Does it make mention of the ATROs? If you can't figure it our yourself from the order, contact an experienced Family Law attorney in the county where you live for specific advice.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Can I leave the country for 6-8 months with my daughter for a medical proced
What does your current judgment or order state about leaving the state/country. If there is no provision in the current orders, you can leave without getting his permission. Good Luck, Pat McCrary
Reply: Can I leave the country for 6-8 months with my daughter for a medical pro
You do not need his permission unless there is something in your custody orders that requires either his consent or Order of the Court.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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