Legal Question in Family Law in California

Taking minor children out of state

I am a married woman with 3 sons aged 10, 12, and 14. Their father is an alcoholic, does not interact with them very much and is verbally and mentally abusive to me. My question is: May I legally take them out of the state of California without their father's permission and, if not, what are the consequences I may face if I do so. The state I would flee to is Texas. A divorce is the ultimate goal but a more stable emontional envirionment is paramount to me at this time with enough distance between us and him to protect us from his moments of irrationality. I appreciate any and all input. Thank-you.


Asked on 12/29/05, 1:16 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Taking minor children out of state

Moving without a court order can be risky. Although the law provides an exception for cases in which there is risk of eminent harm, the result depends uppon the attitude of the judge. If you husband is an alcoholic it is possible that he will not oppose your taking the children. However, before you do move to Texas you should talk to an attorney that practices in the area in which you are planning to move. This will give you an idea how the court there will act in your case. By state and federal law California is the home state of the children as this is where they are living. Further taking the children and concealing them from their father is a felony. You cannot just go to Texas and wait for him to find you.

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Answered on 1/03/06, 6:19 pm


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