Q: Can I leave the state of California with my kid when there’s no custody agreement or restraining order
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.
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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.
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