If I’m currently going through divorce/child custody/child support/restraining order, am I able to move the kids out of county and/or state during this process?

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If I’m currently going through divorce/child custody/child support/restraining order, am I able to move the kids out of county and/or state during this process?

Asked on December 29, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You can take the kids out of the county unless the judge ordered you not to, but that would be rare.  If you filed for divorce, the standard family law restraining orders on the second page of the summons would prevent you from taking the children out of the state without the court's consent or the other party's consent. 

You should really have an attorney help you through this process.  If you would like a free consultation over the phone in person, feel free to contact me.

Best of luck.

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

Whether the child can be removed from the jurisdication of the Court will depend on any court orders that have been entered since the action was filed.  In many domestic matters, a "
Standing Order" is entered prohibiting removing the child from the jurisdiction of the court or disposing of assets.  If you don't already have an attorney representing you, you should retain an attorney ASAP.  If you are currently represented by legal counsel, you should consult with your attorney on this issue. 


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