San Jose, CA asked in Divorce and Child Custody for California

Q: i have temporary full custody, does the other parent have a right to not let him go out of state?

not let our son to leave the state.

there is nothing on the R/O that says he can not leave state

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3 Lawyer Answers

A: Depends on what your orders say. If the court orders do not say you cannot take your child out of state, then there's no basis for him preventing you from doing so. In what way is he preventing you from traveling with your son if he doesn't have any custody?

Joseph Torri agrees with this answer

1 user found this answer helpful

A: More facts are required to provide a thorough analysis. If there is a paternity case or a divorce case, there are automatic temporary restraining orders in the summons preventing a parent from taking the children out of state unless the other parent agrees or there's a court order. You may just have the restraining order case. The orders from the court will be controlling. Since it sounds like the court awarded you sole custody, it sounds like you have good reason to leave. Definitely consult with a local lawyer to discuss the particulars.

A: How old is the child? What are the orders exactly? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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