Legal Question in Family Law in California

Child visitation and travel

My partner wishes to travel with me over state lines with his two children (he does not have either legal or physical custody) during his visitation time. The court order only discusses ''whens'' not ''where'', but ex is claiming he must get her consent prior to taking kids on vacation (which she oddly doesn't feel like giving). Is this true? The only thing I could find in the state code referred to moving the child's residence, not going on a weekend trip.

Asked on 5/19/09, 5:33 pm

1 Answer from Attorneys

James Chau Law Offices James Chau
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Re: Child visitation and travel

I would consult with the court order first, and then write a letter to the other parent requesting she honor the court order. If she disputes that you should ask her to state why there is a dispute. If it can not be resolved I would file a motion to have the court determine the custody order for vacations.

Good luck. Please consult with a local attorney prior to taking any legal action.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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5/20/09, 10:01 pm

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