Legal Question in Family Law in California
Taking my children to another state?
I am leaving my husband and taking my 2 children (9 + 10 years) with me. I will be staying in another state. We need to leave because I feel he is a threat to me and the kids.
We have joint custody and currently I do not wish to file a temporary restaining order and or restaining order.
I will let him know that I will be leaving him and taking the children with me for a few weeks if not longer. So that we (the parents) can try to work things out. If not I will be filing for divorce.
Are there any laws that prevent me from taking the children out of state and having them with me?
1 Answer from Attorneys
Re: Taking my children to another state?
Taking your children to another state without either his consent or a court order may result in the court entering a temporary order giving father custody. Your best course of action would appear to be requesting the restraining order unless he agrees in writing to the move.