Legal Question in Family Law in California

I currently live in California and have only been a resident for 5 months. My husband and I will be filing for separation in November. We have a son together and I would like to take him out of the state and back to Maryland where both my family and my husbands family are. My husband has agreed to letting us leave but then threatens me and says he's going to change his mind and take my son away from me. I cannot afford to live here and he is in the military and will not be around to take care of our son. What is the right paperwork I need to file to make sure I can take my son out of the state with me so i do not get in trouble or get him taken away from me?


Asked on 10/16/12, 10:42 am

1 Answer from Attorneys

If you want certianty that you will be able to move, do so before you have been in California for six months. If you came from MD and you return there, MD will have jurisdiction over the child if you file for divorce there. If your husband concurrently files in CA, the CA courts will abstain from exercising jurisdiction - provided you ask them to in a properly prepared motion. Once you and the child have been in CA for six months, the situation completely shifts to where you will have the burden of showing a move away is in the child's best interests.

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Answered on 10/16/12, 1:02 pm


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