Legal Question in Family Law in California
Im going thru a divorce i was told i cant move out of state with my children until the divorce is final otherwise they would have to stay with the father is that true my husband said there is a reference named la marsga case?
3 Answers from Attorneys
Read the back of your Summons that was served on you or you served on him. It states that you are restrained from "removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or order of the court."
Ms. Beers answer contains but fails to explain why your husband is wrong. She is right that you are restrained from "removing" the children from the state (which means even temporarily, by the way). But the key part is "without the prior . . . order of the court." You do not have to wait for the divorce to be final if you make a motion to the court to be allowed to move and it is granted.
You would have to file a motion and convert your case to what is known as a "move away" case.
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