Legal Question in Family Law in California

Can a parent take a child out of the state without permission

Can my ex take my child out of the state without permission when they were visiting with the child. The court papers for divorce are filed the court date is Feb 12, 2007. No child custody has been established but the child has been residing in my residence for sometime now. I need to know if the child has to be returned to me and if charges can be filed on the other parent for kidnapping. Thank you


Asked on 12/06/06, 2:53 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can a parent take a child out of the state without permission

The answer to your question would depend upon a number of factors. Did you file a petition for dissolution of marriage in Cal? Was the summons and complaint served on her prior to her taking the child? The summons contains an automatic restraining order that prohibits the child from being removed from the state. This restraining order is binding on her only after she was served. What is the purpose of the Feb court date? Has the court made any orders regarding custody and visitation of your child? Take a copy of the paper work to the district attorney's child abduction unit and discuss it with them. Consulting with an attorney regarding your rights and options should be done very soon.

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Answered on 12/21/06, 12:34 pm


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