Legal Question in Family Law in California

leaving the state

I'm separated and working towards a divorce with my wife. We do not have an agreed upon schedule yet and we have not worked anything out with the courts. We are seeing a mediator, but have not reached agreement. If she decides to leave the state against my will, is that legal? (She wants to holdiay for 10 days in the midwest and we have yet to work out a schedule (me 40%) with my boy). If I don't want her to go... do I have any rights???


Asked on 4/30/09, 7:41 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: leaving the state

I assume that a petition for dissolution of the marriage has been filed. There are temporary restraining orders that go into effect when the petition is file and served. One of the provisions is that neither party can remove the child from the state without either the consent of the other parent or a court order.

Read more
Answered on 5/01/09, 8:26 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California