Legal Question in Family Law in California
leaving the State
I was wondering about the law on a couple separating and one party has the children and wants to leave the state because he or she has a job offer and a better live for his or her children would that be legal or not. Keep in mind that no action of custody or divorce has been filed. The sherriff department said it would be ok since either party has equal rights to the children unless other wise stated or written on a document, that he or she could not. Otherwise he or she can take off legall, but if the the other spouse files for a divorce and custody after the spouse with the children left the state. Would the spouse with the children who left be force to come back to his or her original state he or she left from to fight this battle out. Please give me some answers.
Thank you
1 Answer from Attorneys
Re: leaving the State
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://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 --
If the party who stays in California meets the residency requirements (6 months in the state and 3 months in the county) and files in California before the other party meets the residency requirements (if any) and files in PA, then the matter probably will be heard in CA. The party who went to PA might be ordered to return the children to CA. A California court cannot order the PA party to resume residence in CA. An adult can live wherever s/he wants to live.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
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