Legal Question in Family Law in California

Can a spouse take a child out of county to live during a divorce

My son is getting a divorce. The mother left without the child for two weeks. She has indicated that she could take the child from Lake Co. (residence of both parents) to L.A. to be with her parents, knowing my son wants joint custody and that he does not want this. He is filing this coming Monday. (It's Sat.) Her work supervisor may also be involved if they have fled, they have been missing for 11 hrs after they were to drop off the baby. Are there any laws forbidding a parent to remove a child without the permission of the other parent, or concealing her, or evading contact? Can we call police? What about the supervisor? Is this kidnapping considering the circumstances?


Asked on 10/25/03, 11:38 pm

2 Answers from Attorneys
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: Can a spouse take a child out of county to live during a divorce

This is covered by Penal Code 278.5. However, you said she was taking the child for "two weeks" (in which case she may not be intending to deprive him of lawful custody). There are a lot of factors to consider.

If it appears she is intending to take the child and conceal him/her, contact law enforcement immediately and get a lawyer as soon as possible. Expedience is important here!

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Answered on 10/27/03, 2:01 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Can a spouse take a child out of county to live during a divorce

Your son needs to have counsel immediately. Why deal with this in this matter when it is of such great importance. Retain an attorney, now.

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Answered on 11/03/03, 1:38 pm


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