Legal Question in Family Law in California

What are the steps a parent should take when moving a child out of state and there is no custody agreement ?

Asked on 10/24/13, 11:19 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D .Kock APLC

Petition the court to permit the child's move to a new state and to set up an appropriate visitation plan.

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Answered on 10/25/13, 5:43 am
Timothy McCormick Libris Solutions - Dispute Resolution Services

That depends on whether there is a divorce case on file or not. If there is, you must get the other parent's consent or a court order to take the child out of state even temporarily. If not, you LEGALLY do not have to do anything before you move. If you do not, however, the other parent will have up to six months to file a case in California and obtain an order that the child(ren) be returned to California until the case is decided and a custody and visitation order is issued. Any state you take a child to will enforce such an order provided it is obtained within six months of the child leaving California, and failure to return the children can mean fines, jail time, and almost always losing custody to the other parent.

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Answered on 10/25/13, 9:10 am


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