Legal Question in Family Law in California

Can a mom leave a state with her children

If a mother in California is in a relationship in which the husband is using drugs and drinking to excess can she leave the state of California with her children and come to Ohio. She has no family in California, she and her husband live with his parents (his father is a deputy sheriff). Her family lives in Ohio.


Asked on 12/24/05, 2:05 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can a mom leave a state with her children

The general rule is that the parent may take the children and leave the state if it is necessary for the safety of the parent or the children. Since his father is a law enforcement officer you may have difficulty convincing the court that you and the children were in danger. However, the particular facts in you living arrangements and other factors would have to be taken into condiseration and evaluated. Discuss the facts with an attorney or a domestic violence counselor.

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Answered on 12/25/05, 1:33 am


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