Taking child out of state
My son's mother and I currently have joint custody with primary going to me. We go to court in 6 weeks where I am seeking sole custody. She is on probation in 2 counties - 1 for a dui and the other is a domestic abuse conviction (she attacked me in front of my son 1 1/2 years ago). She has a pre-trial in OC next week for a criminal (misdemeanour) case for violation of restraining order numerous times. She has told my son that she is planning on taking him to Hawaii or New York for a whole week at the end of August. Our court papers currently do not say anything about leaving the state or country, but can she legally take him without my permission. I don't feel she's responsibile enough to take him out of the state and do not want her too. What can I do before our custody case to stop her, or is it even legal for her to do?
1 Answer from Attorneys
Re: Taking child out of state
Unless the court order states that she cannot take the child from the state, she can do so if she wishes to. You should address that issue at the custody and visitation hearing and clearly explain why you feel thst she should not take the children of out the state.