Legal Question in Family Law in District of Columbia

I live in DC with my wife and two children, we are separating, does she have the unilateral right to take our children out of DC to CA where she prefers to live, during separation.?


Asked on 8/02/09, 10:10 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

In the absence of a court order to prohibit it and as parents of the children, either you or she could take these children to wherever you or she might wish.

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Answered on 8/02/09, 10:56 am
Paula McGill Paula McGill Attorney at Law

If you are concerned about her leaving, you should file the legal separation before she leaves. For the immediate future, the DC courts would have jurisdiction over the separation and custody issues. If you are interested in obtaining full custody, it is better to file in DC courts before she leaves. This is also true if you want shared custody. In this case, time is of the essence.

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Answered on 8/03/09, 4:57 pm


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