Legal Question in Family Law in California
transporting children across state lines
My wife and I are still married and living together but having difficulties. I am in the navy and currently deployed over seas. If she does decide to leave me, is it legal for her to take my children out of the state without my consent? And if not, does a general POA make it legal for her to do so?
2 Answers from Attorneys
Re: transporting children across state lines
A parent can legally take their children out of the state. California does have a penal code that makes it a felony for either parent to take the child(ren) and hide them from the other parent. So long as she gives notice of her intent to move and the new address she should not have any legal difficulties.
Re: transporting children across state lines
While she can take the children accross a state line now, if a petition for dissolution of marriage and a legal separation petition has been filed, there is a standard restraining order the prevents them from leaving the state. If you are concerned you may wish to file a dissolution action now and serve it upon her. This can be done with a fax signature or with an attorney verification if that is not available. Good Luck, Pat McCrary
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