Legal Question in Family Law in Minnesota

my friend and her daughter
my friend lives in Jackson, Mn. She desperatly wants to move back to cali. where she has friends and family support. Her daughter is 2 and her and her husband do want to go their seperate ways. However his family is threatening to take her daughter away if they do split up. The father is all for my friend (his wife) and child to come back to cali. can she just get on a plane with her 2 year old daughter and move here as long as he doesnt dispute it? She plans on filing for divorce once here in California. She was married in California. Please help asap. She feels her child isnt safe around his family due to threats being made.

Asked on 11/15/07, 8:31 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

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Re: my friend and her daughter

It is technically legal for her to take the child without the father's consent, so long as she discloses to the father where the child is at and how to contact the child. However, if she takes the child away without the father's consent he might claim kidnapping or seek an emergency order requiring her to return the child to him. It would be legal for her to take the child with the father's consent, and it would be ideal if she were to get that consent in writng. In order to file divorce in California, one has to establish residence here for 6 months. One need not necessarily physically be in the state that entire time, but should have credible evidence that during that entire time she had a place to stay, had kept personal effects here, and intended California to be her home. Things like a California Driver's license, mail sent to a California address, and a job here help to prove residency.

Answered on 11/16/07, 12:20 pm

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