Legal Question in Family Law in California

Assuming that there is no court order not to leave the state you can leave the state. However you should not move from the state unless you have his written consent or a court order. You should consult with an attorney to fully review your case to allow you to make the best decision.

Mr. Johnson is correct that you are free to leave the state absent a court order to the contrary. If there is a custody proceeding pending, however, there is an automatic order aginst leaving the state, and the action may be pending even if the case is resolved, because the court retains jurisdiction. So be careful that there is not only a separate order against it, but also that you are not subject to any automatic order against leaving the state.

He is wrong, however, that you cannot move without his consent or an order, unless there is a custody order in place or an action pending. If there are no legal proceedings pending and there have not been any legal proceedings in the past regarding this child, you are free to move. That decision may have a great many consequences down the road, and may impact the court's view of custody issues if they are ever brought to court, but you are legally free to move unless there is a pending proceeding or an order.