What are the laws again parents taking kids out of state?

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What are the laws again parents taking kids out of state?

My wife left taking the kids to another state without my knowledge or consent. She left a note saying they were going on

Asked on June 18, 2018 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

Unless and until you have filed for divorce, there really isn't anything that you can do about this. At this point, your wife has the legal right to travel out of state with your children. What you need to do is what you have been trying to do, get a divorce filed and obtain a temporary custody hearing. Once you do, the court can compel your wife to return with your children. If she does not, she will be guilty of parental kidnapping.

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

Answered 3 years ago | Contributor

Unless and until you have filed for divorce, there really isn't anything that you can do about this. At this point, your wife has the legal right to travel out of state with your children. What you need to do is what you have been trying to do, get a divorce filed and obtain a temporary custody hearing. Once you do, the court can compel your wife to return with your children. If she does not, she will be guilty of parental kidnapping.


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