Legal Question in Family Law in California

leaving husband with a child to another state

My friend has decided that she might leave her husband. She says she wants to leave when he isn't there to avoid a big conflict. He has said she can leave but the child must stay with him. If she leaves him and takes the child is that considered Parental Kidnapping? She plans to move to Texas with her family. It's a bad mariage but she's not going to leave if there are legal ramifications for taking the child out of the state. What is the most appropriate way for her to leave him? We have talked and I told her to research it and retain a lawyer in CA if she does leave. Would it be best to just file for divorce or legal separation?

Thanks for any avice you can give me to help her. I don't want her to go to jail for kidnapping her own child.


Asked on 6/08/99, 1:53 am

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: leaving husband

She should not leave the state with the child. She should either move out in the same city, with the child, or obtain an order that he be removed from the home and stay 100 yards away. She needs to consult with a local atty. Once custody is established, even temporarily, she can seek an order allowing her to relocate with the minor child to Texas. Assuming she has at least 70-75% of the time with the child, such an order will probably be granted.

Even if she went to Texas now, it probably would not be kidnapping, assuming she kept him informed of the child's location. The problem is, the court here will most likely order her to return the child pending further hearings. That means more expense, more aggravation and she'll look bad to the court.

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Answered on 6/10/99, 7:39 pm


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