Legal Question in Family Law in California

My ex and I have no custody in place for our chidre. However he has primary custody because of my move out of state. Recently I was notified by his family that he is using meth and neglecting the kids. As well as abusing them..At some point he doesnt realize that they are his own children...CPS were already investigating but have no solid proof that he is using..I am very concern of their welfare. If I was to take them out of state line, is it a crime? He has no job, no adequate housing, no food to support the kids. I feel as if I ignore this matter I will lose my chance of getting them for failure to protect..because of not doing anything. I am ready to get them over to my state asap..concern mom.


Asked on 1/05/14, 12:17 pm

1 Answer from Attorneys

If there is no custody order in place, you legally have the right to take them anywhere in the U.S. Just bear in mind, however, that until they have been living with you for 6 months, California will be the state of jurisdiction for any legal proceedings he might initiate to get them back, and it would be standard for the court to order them returned to California pending a decision.

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Answered on 1/05/14, 1:11 pm


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