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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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 11 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption