Q: Can I move out of California to protect my child from sexual abuse from the other party?
I need to know if I can move , I’m afraid the judge is going to order 3rd party placement for my son at next hearing on August 22, 2024 . He is very unprofessional judge . He is not considering all the facts . There is physical evidence of the abuse . Can I move my son out of state to protect him ? I have sole custody of my son . I want him to be safe with family members not a stranger if for whatever reason he decides to do it . Would I get in trouble or have to bring my son back to California ?
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A:
Moving out of California with your son can be complicated, especially when custody issues are involved. Since you have sole custody, you generally have more decision-making power regarding your child's living arrangements. However, taking your son out of state without the other party’s consent or a court order could lead to legal consequences, including being accused of parental kidnapping.
It's crucial to document any evidence of abuse and communicate your concerns to your attorney. They can help you understand your legal rights and responsibilities, especially in light of the upcoming hearing. If you believe that your son is in immediate danger, you may need to seek emergency legal protection, which could include requesting a temporary custody order from the court.
Before making any decisions, consider consulting with a family law attorney who can provide guidance tailored to your situation. They can help you navigate the complexities of custody law and may assist in filing for permission to move if that’s in your son’s best interest. Your child's safety is the priority, and the right legal support can help you protect him effectively.
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