Legal Question in Family Law in California

Re: Mother's Right to Leave the State with Child

You have the right to leave the state unless there is a court order preventing your moving. However, moving without an agreement or a court order could be very risky. After you move he could file a petition with the court to have you ordered to return to California pending a determination of custody and visitation rights. A simple statement that he agrees that you can move would be a help. With such a letter you would have a chance to establish NY as the home state for the child. The state in which the child has lived for the last six months is generally the homestate. Assuming that the child has not been taken there in violation of a court order or law. Hiding a child from a person who has a right to custody or visitation with the child has committed a felony.