Legal Question in Family Law in California

Can a mother take a child out of state without the consent of the father?

My brother is currently incarcerated for being drunk in public, breaking and entering with intent to commit robbery, and resisting arrest the mother has three kids two from a different guy and one from my brother she is on drugs and is hardly with the children instead she only sees one at a time every two weeks or so and the rest of the time they are at their grandmothers house. When they are with her she sometimes leaves them alone to go with a guy or smoke in a different room. She plans to move to Vegas with the children without my brothers permission not knowledge. Does she have any legal grounds to do so and does my brother have any rights to keep his child here? My brother is a good dad he has paid child support and tried to be there for his kid as much as possible


Asked on 7/11/11, 11:33 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Unless there is a court order precluding her from removing your brother's child, she is free to move. If you think the mother's situation is endangering the child, then you may wish to consider calling child protective services (CPS).

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Answered on 7/12/11, 7:24 am


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