Willits, CA asked in Family Law, Child Custody and Civil Rights for California

Q: Im married, What rights do I have to travel with my daughter out of state?

I live in California and I would like to attend a funeral in Oregon with my daughter. My husband hates my family and has threatened to call 911 and claim I kidnapped our daughter if I attempt to take her out of state. I'm wondering what rights I have to travel with her and/or what actions I can take to ensure I'm not arrested. We are not in the process of divorcing.

1 Lawyer Answer
Ethan M. Weisinger
Ethan M. Weisinger
PREMIUM
Answered
  • Divorce Lawyer
  • Walnut Creek, CA
  • Licensed in California

A: Absent a court order, you are permitted to travel with your children freely, without any restriction. As a parent of your children, you have authority to travel with them, unless a court imposes restrictions on your ability to travel. If your spouse calls the police on you, tell the police that you are not involved in a divorce, nor child custody matter, and that you informed your spouse that you would be traveling with the children prior to departing for the funeral.

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