Legal Question in Family Law in California
My wife and I are getting separated. We have a 9 month old who was born here in southern California. We currently live here in SoCal. My wife wants to obtain full custody and take our son to live in Oklahoma where her parents live. Can she do this in California. All of my family lives right down the street from us...please help!
2 Answers from Attorneys
You need to file immediately for an order for custody and visitation. Don't wait for her to go.
The court must determine what is in the best interests of the child; that is the controlling factor in this kind of determination. There is no way to tell what that would be without a great deal more information, but it is not very likely the court would allow her to take the child in most normal circumstances. However, until you have a divorce on file and serve her, she legally is free to run off to OK with the child and file there. She would probably ultimately be hauled back to California if you hired a lawyer and filed the appropriate motions in both states, but you really don't want to be in that situation.
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