Legal Question in Family Law in California
My son and his wife are Idaho residents, currently in California for his military service. They are planning to file for divorce this summer, when he gets back from overseas. If either of them file, will it prevent him from bringing his children to Idaho for a visit?
2 Answers from Attorneys
Parents often take their children to other states and sometimes other countries to visit family. He should obtain a provision in the custody and visitation order allowing him to bring the children to Idaho for a visit with his family in Idaho. He should retain an attorney to assist him in this matter. There many issues to be determined in addition to visitation.
Just to clarify Mr. Johnson's correct answer: When a divorce is filed, it is common (and smart) practice to immediately apply for or agree on temporary custody orders. The automatic restraining orders that go into place when a divorce is filed and served, are pretty restrictive and would prohibit taking the kids out of California. That is only in place, however, until further order of the court. So by getting an immediate temporary order, they can include a provision that allows the children to leave the state for visits.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
