Legal Question in Family Law in California

My ex wife wants to take my son 7 years old, out of the country without my authorization, she can do that?


Asked on 1/21/10, 12:39 pm

2 Answers from Attorneys

Unless you have a non-standard custody order in place, she can take him out of state, but not out of the country without either your consent or a court order. The passport office also requires your consent to issue a passport if he doesn't already have one.

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Answered on 1/26/10, 12:43 pm
Cristin Lowe Law Office of Cristin M. Lowe

Look at your Judgment very carefully to see if there are any orders related to out of state or out of country travel. Additionally, she will need your consent to obtain a passport even if your Judgment of Dissolution permits out of country travel. If your Judgment allows out of country travel and your son already has a passport, you can try to file an emergency motion requesting an order that she not be allowed to travel out of the country with him.

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Answered on 1/26/10, 1:02 pm


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