My wife and I are talking divorce and she's threatening to move to another state with our son.Can she take my son just like that?
2 Answers from Attorneys
Technically, unless and until someone files for divorce here in California, either parent can take their child anywhere in the U.S. without the other parent's consent. However, under the uniform laws governing child custody disputes in all states, California would continue to have jurisdiction over the child for up to six months after the child is removed from the state, and any state the child is taken to would enforce a California court order that the child be returned to California pending a final decision on custody and visitation.
It would be in your best interest to file and serve a divorce petition along with a request for order to prevent the child's relocation out-of-state. Please meet with an experienced family law attorney to explore your options.