Legal Question in Family Law in California

Re: Married, want to move out of state with child/without spouse.

Please e-mail me at [email protected]. This is such a sensitive one, I would like to chat with you a few before saying anything.

Re: Married, want to move out of state with child/without spouse.

To my knowledge all states follow the same basic rules for child custody. That is the home state of the child has jurisdiction of the custody issues. The state is which the child lived for the preceding 6 months is the home state. If a parent takes a child to another state without consent of the other parent, the time the child is illegally in the other state doesnot count toward the 6 month time period to establish the home state. Once the home state is established, it does not change unless both parents move out of the state.

You have two options, FIRST file in California and obtain a court order allowing you to move out of the state.

SECOND you can work out an agreement with father for you to move out of state.

If there is abuse that places your life or the life of the children is in danger, of serious injury or death, you can move an obtain an emergency order in the other state for custody. This option should be reviewed by an experienced family law attorney.