Ventura, CA asked in Family Law for California

Q: My wife is in prison for 5 years. Could she stop me from leaving California with our son to get a job in another state?

Sentenced to be carried out next month.

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1 Lawyer Answer
Scott Charles MacCabe
Scott Charles MacCabe
  • San Juan Capistrano, CA
  • Licensed in California

A: If your wife files for a marital dissolution and serves you before you leave, then yes. The ATROS on the back of the summons restrict both parties from leaving the state without prior written consent or a court order. If you are leaving for work, then you likely would prevail even if she filed and tried to stop you. However, you would have to go through the court process and get an order. In any event, you should always keep your wife informed of your residence information so she can contact you and your son.

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