Legal Question in Family Law in California

I separated with the mom of my kids a 14year old and a 9 year old can she move them to a different state with coming to an agreement?


Asked on 5/23/12, 11:54 pm

1 Answer from Attorneys

I assume you mean "without" coming to an agreement. The answer depends on whether you have any legal orders in place at this time regarding paternity, custody and/or support. If there have been no legal proceedings involving the children, yes she can remove the children from the state without consent or agreement. For six months thereafter, however, she would still be subject to California jurisdiction over the children and could be ordered to return them to California if you file custody proceedings. It is FAR better, however, if there are no custody orders in place, to file a proceeding to obtain custody orders and serve her with the papers before she leaves the state. Depending on the current status of the case, you will either receive an automatic restraining order against taking the children out of state, or you will be entitled to one on request. If there already have been custody and/or paternity proceedings pertaining to the children, the situation is more complicated, and would require reviewing everything that has gone on already to tell you exactly what your rights and options would be.

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Answered on 5/24/12, 2:56 pm


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