Legal Question in Family Law in California
Live in California, seperated from my husband, have not been served with divorce papers yet. I want to visit my boyfriend in Colorado for 4 days for my birthday. I have a 3 month old child that is my husband's child and he says I cannot take the child out of state without his permission. Is this true? I'll only be gone for a few days, can I take my child with me?
2 Answers from Attorneys
Unless there is a court order precluding you from taking the child for this limited visit, your child is free to go with you. Be sure to give your ex specifics on how he can reach you while you are gone.
I disagree with Ms. Kock. If you have been served papers, then you cannot remove the child without his agreement or a court order, because the Automatic Temporary Restraining Orders are in effect, which are listed on the Family Law summons. You mention you have not been served, but I am curious as to whether or not a divorce has been filed yet, and whether or not you are evading service.
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