Can I take my kids out of the county to visit family?

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Can I take my kids out of the county to visit family?

My wife and I are going to file for divorce ASAP. We live in onetown and I would like to take our kids to visit their grandparents in another, just a few hours away. She claims I will not be able to take kids out of the county, which I find hard to believe. I was under impression I couldn’t take them out of state but could take them out of the county.

Asked on November 10, 2012 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no court order currently in effect regarding custody,you may take your children out of the county, even out of the state. However, once a court specifically rules on the matter, things are different. But until, there can be no claim made of parental kidnapping, etc.


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