Legal Question in Family Law in California

I am still married and want to take my children out of the state is this legal in CA?

My husband wants a divorce but does not want me to leave CA or give me any support to get an apratment nearby. My family is in FL and I want to go there.

What would happen if I leave with the kids and go to FL

(No papers of any kind have been filed for divorce or custody).

Thank you for any advice or suggestions~

Asked on 12/07/11, 8:44 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
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Until a divorce or custody proceeding is filed, you are free to leave the state. You have to bear in mind, however, that California will retain jurisdiction and Florida will decline jurisdiction over the divorce and the kids, for six months. So within that six-months window, you could be ordered to return the children to California and to conduct the divorce proceedings in California. If it appears to the court that your move was in any way motivated by a desire to keep the children from their father, that will also go very strongly against you in the custody proceedings in the divorce. So make darned sure he won't do anything for six months, OR that you have an airtight case as to why you have to move first, rather than filing for divorce here and asking the court's permission to move.

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12/07/11, 10:23 am

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