Legal Question in Family Law in California
I just moved to Denver about a month ago, and was under the impression it was illegal to leave the state with my kids unless I had established residency and had gotten s legal separation. Recently my alcoholic husband left the state to go to family in CA to try and sober up. I decided to then take my kids and also fly to CA the next day to be with family. Since I haven't established residency anywhere since leaving Texas, can I stay with my kids in CA? I was assuming since my husband left the state first, it may have opened the window for me to leave. Also, can I fly back to Denver, leaving my kids with their grandparents, to pack my things to move to CA without any legal separation or permission from my husband?
1 Answer from Attorneys
A lot of questions there.
First of all, it would seem that based upon the timeline that you indicated, that jurisdiction for your case is in Texas, and not in California. So, you should be speaking with a Texas attorney and not one from California.
Second, it would seem that as of this moment, there is no divorce filed and no established orders. For CA to have jurisdiction over divorce, the rule of thumb is that you must first have resided in CA for 6 months before a CA court can take jurisdiction.
Third, as your husband has moved to CA and there are no orders or filings in any court, I see no reason why you also could not move to CA.
Fourth, there is no reason you cannot leave your children with your grandparents in CA while you go to pack your bags in Denver. But, in so doing, you could potentially open yourself up to a claim by your husband, were he to find out, that you have abandoned your children (if you take too long fly back and forth to CA).
Good luck!
www.FamilyLawCalifornia.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
