Legal Question in Family Law in California

Can a parent leave california with his children if the mother is on drugs


Asked on 10/14/14, 6:20 pm

1 Answer from Attorneys

A parent can leave California with their children for any reason, unless there is a divorce or custody proceeding pending, in which case there is an automatic restraining order against taking them out of state. The other catch is that for six months after the children relocate, every state will consider California to still have jurisdiction over them, meaning that if the other parent files a divorce or custody proceeding, California courts will order the children returned to California until the divorce or custody is decided, or at least until the first parent petitions the court to leave again and gets the court's consent, and every other state will enforce that order. So it's usually better just to file for a custody determination and at the same time for court consent to leave the state with the children, before moving away, unless you are certain the other parent will not contest the move away within six months.

Read more
Answered on 10/14/14, 6:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California