Legal Question in Family Law in California
no papers filed, can I move with son
it is my understanding that as long as there are no papers filed for seperation/divorce, I can leave the state to move to another. I have no intentions on not sharing custody of my son,nor do I intend to hide him from his father. However I cannot ''make it'' financially out here. I have a support system in Colorado and a job lined up. Can I get into trouble for this?
1 Answer from Attorneys
Re: no papers filed, can I move with son
If there is no court order and you donot hide the children from father it is unlikely that you would be criminally prosecuted. However, father could file a petition for dissolution of marriage, and request a temporary restraining order that you return the children immediately to California. The amount of time that he is with the children is an important factor. Discussing the facts of your case with an attorney will help you in making a decision.
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