Legal Question in Family Law in California

Re: Post divorce relocation

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

Whether she can leave the state of LA with your biological child is a question of LA law. She probably can. If you file for divorce in LA before she files in CA, the court might order the return of the biological child to your custody. The court cannot order an adult woman to move back to LA. You have no legal rights with regard to your step child, unless you adopted or were appointed the child's guardian by the court.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: Post divorce relocation

Since you refer to her as your wife, I am assuming that you are still married.

As to your step-child, you have no legal rights.

You can file for divorce and ask for custody of your child, but until there is a court order stating otherwise (something to obtain with your divorce), she can move the child anywhere.