Legal Question in Family Law in California
hi the mother of my son wants to take him out of state with her and her new husband I need to know if she can do this and do i have a say in this
1 Answer from Attorneys
Unless you have a very unusual custody order and judgment, there is nothing you can say or do. Once a divorce is filed and before there is a custody order, there is an automatic TRO against removing the child(ren) from the state. But once the court has acquired jurisdiction and there is an order in place, other states will enforce it, so the TRO is pretty much never carried over into the final judgment. Now leaving the country is another story, but leaving the state, as long as it does not interfere with the current custody order, is her right. Now if you mean she wants to MOVE out of state, that is an entirely different situation. In that case she cannot do that without first going to court and getting a modification of the custody order. Once she files for permission to do that, then you have your opportunity to object. The court will hear evidence and decide if the move is in the best interests of the child.