Q: Can I leave the state of California with my kid when there’s no custody agreement or restraining order
A:
In general, if there is no court order establishing custody or prohibiting travel, a parent may be able to travel with their child. However, it's important to consider the potential legal ramifications and the child's best interests.
It is generally advisable to inform the other parent about your plans to leave the state with your child, as failing to do so could be seen as an attempt to interfere with the other parent's rights or potential custody claims. This could negatively impact future custody proceedings.
The safest approach is to consult with a qualified family law attorney in California who can review the details of your case and provide personalized legal guidance. They can help you understand your rights and obligations, and advise you on the best course of action to protect your interests and those of your child.
In the meantime, it may be helpful to maintain open communication with the other parent, document your interactions, and prioritize your child's well-being and stability throughout the process.
A: Technically, yes. The question is, should you? Is this for a vacation with plans to return? Or are you talking about moving out of state with the child? If you are talking about relocating, moving without the other parent's consent and without a court order allowing you to do so, could result in massive consequences.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.