Legal Question in Family Law in California

Pre-seaparation procedure that are legal

Can you let me know, please , if a mother is able to legally take children out of the family home and relocate with them to a nearby apartment? Can the father come and take the kids away and refuse visitation to the mother? I'm afraid the situation might get nasty and I want to know what legal rights I have. There is no physical abuse in the home, but a lot of shouting and verbal abuse. It has become necessary to leave, but not without my children.


Asked on 10/25/01, 11:12 pm

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

Re: Pre-seaparation procedure that are legal

You can take the children with you when you leave. However, dad has the same right to have custody of the children. It is probable that the police would not remove the children from mom's custoy, without a court order. You cannot hide the children from dad.

If possible you should obtain a temporary custody order prior to moving out. If the situation elevates to physical contact you should call the police and they can give you a temporary restraining order.

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Answered on 12/01/01, 2:50 am


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