Legal Question in Family Law in California

Re: Will I get in trouble if I take my son out of the state

You should obtain father's written consent to take the child from the state of permission of a court. This is a difficult issue and you should discuss this with an attorney who handles child custody move away issues. Good Luck, Pat McCrary

Re: Will I get in trouble if I take my son out of the state

Technically, it is not illegal for you to take your son out of the state so long as you notify the father where you are taking the child and provide a means for the father to be in communication with the child. However, the State of California will continue to have jurisdiction for the next 3 months. So, during this time period, your husband could bring an ex parte action requesting the court to order you to bring the child back to California. Usually the courts grant this request. You can bring your own motion in California court, to request you be allowed to move the child out of state, but your chances of success are iffy. It really depends on how likely you think it is your husband is going to act swiftly to get the child back. If you think he will drag his feet, and not file anything for the next 3 months, then you might just want to take the child to Ks and let the father know in writing where you are going and how to contact the child. If you leave without telling the father where you are going and do not allow a means for the father to contact the child, you could be charged with kidnapping.