Legal Question in Family Law in California

Can a parent take a child out of state without a signed court order?


Asked on 6/14/12, 12:14 pm

2 Answers from Attorneys

Gary R. White Burton & White

Yes, anyone can travel with a child or children. Many choose not to.

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Answered on 6/14/12, 1:23 pm

If a divorce, legal separation, or paternity case has been filed AND served, there is an automatic restraining order against removing any involved child from the state. Custody orders may or may not include such a restriction. Otherwise, either parent is free to take the child anywhere in the U.S. that they choose.

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Answered on 6/14/12, 3:33 pm


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