Legal Question in Family Law in California

My wife and I have been separated for 9 months our children live with her. Neither one of us have filed for divorce. She is planning on taking the children out of the state for two weeks and I am not entirely in agreement on this. Can I prevent her from taking them? Doesn't she need my written permission to take the children out of state?

Thanks

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Asked on 7/08/11, 11:42 am

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Unless you have a court order precluding her from taking the children, she is entitled to have the children travel with her out of state. By the nature of where you are in this separation process, I urge you to locate a local attorney in your area and proceed with filing both for your divorce and a parenting plan that will give you more control and access to your children.

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Answered on 7/08/11, 11:49 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I agree with Ms. Lock. If she leaves and refuses to return, it could get expensive and difficult quick.

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Answered on 7/09/11, 11:21 pm


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