Legal Question in Family Law in California

Military wife wants to leave base in California and return home to pennsylvania with her child. Is she Allowed to leave the state?


Asked on 11/30/12, 10:14 am

1 Answer from Attorneys

Yes, unless there is a divorce or legal separation case on file. Once the case is filed and the summons is issued and served, both parties are prohibited from removing children from the state without the other parent's consent or a court order. She also has to bear in mind that for up to six months, California will have primary jurisdiction over the children and in that time California courts could issue an order for the children to be returned to California and the Pennsylvania courts would almost certainly enforce it.

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Answered on 11/30/12, 12:23 pm


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