Legal Question in Family Law in California
My sister wants to send her daughter from california to Arkansas to visit my parents. She and the childs father have been living together but are not married. They are now having problems and might seperate for good. Because they are on bad terms at the moment he will not give his permission to allow the child to travel. Can my sister get into any legal trouble if she sends her with out it?
1 Answer from Attorneys
No, as long as there are no court orders in place each of them has free control over the child's travel within the U.S. Both parents must consent to international travel. If she is sending the child out of state to then file for sole custody out of state, however, THAT does have the potential to make trouble for her, because the courts frown on that kind of thing and will issue an order for return of the child that the Arkansas courts will enforce, and then she will be on the bad side of the custody case. If she is just sending the child for a visit and then bringing her back, there is no legal problem.
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