Legal Question in Family Law in California
I am originally from South Dakota, and moved to California because I was stationed here as a Marine. I met my husband here and have been here since (eight years). Can I leave the state with my three kids and move home if neither of has filed for divorce yet? What kind of trouble could I get into? Husband is being difficult when I talk to him about the divorce and says he's waiting to get me for kidnapping.
1 Answer from Attorneys
If there are no court orders to the contrary, either parent can take the children anywhere in the U.S. that they want. However, the children's state of principal residence for the last six months retains jurisdiction over the children on a rolling six months basis. So if one parent removes the children from the state, the parent who remains in California has six months to file in California for custody, and will be able to obtain an order for return of the Children to California until further order of the court.