Legal Question in Family Law in California
moving a child
Me and my wife are both active duty military living in the same state and have been informally seperated for a little over a year. we have no legal paperwork on each other yet but plan to divorce. Can she move my child oyt of state without my permission
1 Answer from Attorneys
Reply: moving a child
In a general sense, and assuming that you are residents of California, even though the military has you stationed elsewhere, she can move and take your child unless you first file and serve a petition for dissolution of marriage or legal separation. With the filing and service of process of either one, you have automatic temporary restraining orders that prevent either parent from removing a minor child of the marriage from the State of California without the written consent of the other parent of Order of the Court.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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