QUESTION

can i take my son out of the counrty without my husbands knowing

Asked on Mar 07th, 2014 on Family Law - California
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1 ANSWER

Family Law Attorney serving San Rafael, CA at Richard Helzberg
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It depends. During a divorce, you may not take the child out of the state of California without the father;s written consent.  It is an automatic restraining order posted on the back of the summons. After the divorce it depends on what is stated in the judgment, that is, the terms of the judgment. If nothing is stated, courts expect parents to communicate regarding travel and provide an itinerary to the other parent prior to travel, ideally a few weeks prior to travel.  Normally, you need a permission letter for the airline and passports require that both parents sigh the application.  If the father will not cooperate, you can file a motion requesting he sign the passport and the court okay the trip.  If you can't afford a private attorney, go to your local courthouse and see the Family Court Facilitator, an attorney, for which there is no fee.    
Answered on Mar 09th, 2014 at 4:52 PM

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