Legal Question in Family Law in California

leaving state with child

I am planning to leave CA to go to CT for several weeks. i offered to sign documents staing i would come back within a certain time frame. my husband thinks i wont come back. can he stop me? does he have a right to say i cant go? can i be charged with kidknapping? we are married and living in the same house.


Asked on 5/15/09, 5:19 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: leaving state with child

No divorce is pending it sound like, so yes you can go. Once an action is filed in court -- for divorce, legal separation, annulment or simply custody -- there is an automatic restraining order that says you cannot remove the children from the State of California without the written consent of your spouse or a court order, so you couldn't then leave without one or the other.

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Answered on 5/16/09, 9:36 am


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