Whittier, CA asked in Child Custody and Divorce for California

Q: IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION

I PLAN TO FILE FOR DIVORCE AND CUSTODY OF MY KIDS AND LEAVE THE STATE TO MY MOMS, MY HUSBAND HAS THREATENED ME AND WE CURRENTLY HAVE PEACEFUL CONTACT ORDER DUE TO AN INCIDENT 3 YEARS AGO. BUT THE AB USE HAS CONTINUED, WILL I GET IN TROUBLE FOR LEAVING WITH MY KIDS

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2 Lawyer Answers

Angelina Bradley

Answered
  • Divorce Lawyer
  • San Diego, CA
  • Licensed in California

A: It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?

If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your orders to an attorney to make certain — the last thing you need is for your husband to be able to order the kids to return to CA because you took them without permission. See an attorney with orders in hand and your next steps can be laid out for you.

Andy Cook

PREMIUM
Answered
  • Divorce Lawyer
  • San Diego, CA
  • Licensed in California

A: Once you file for divorce in California, you are not allowed to remove the minor children of the marriage from California until there is a final judgment as to child custody and visitation.

There are two exceptions: one, you can ask the judge for an exception and the judge can say yes; or two, you can ask the other parent for written permission, which, if granted, allows you to remove the children. (I realize that this may not be likely given the history between the two of you.)

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