Legal Question in Family Law in California

Can my wife take my 2 year old son across state lines without being legally seperatd or divorced?


Asked on 10/17/11, 2:41 pm

1 Answer from Attorneys

Of course. Either parent can take their children anywhere in the U.S. unless and until there is an order in place to the contrary. When a divorce or legal separation is filed involving children, the person who files is automatically restrained from removing the child from California. When the other party is served with the Family Law Summons, they are automatically put under that order as well. Until a parent is under that automatic restraining order, however, they can take the kids anywhere they want in the country. Leaving the country is another story, but that is sometimes possible too.

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Answered on 10/17/11, 3:10 pm


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