QUESTION
i want to work in Seattle w/ my relatives, can i bring my daughter w/ me even her Dad don't want it?
Asked on Apr 24th, 2015 on Family Law - California
More details to this question:
i been filed for child custody and divorce paper. The judge give me priority for my child. but before the divorce court happen, my husband and i talk to make it up its ether. so i moved in w/ him for 3 yrs now. But my lawyer advised me not to close the case. So the divorce case still open.. i want to reopen it because my husband and i we're not get along. He had a hobby called a family Farm.. his salary for a month its not enough because of too much animals to feed. He own money from different bank to buy more land around the property. He always do that borrowing money w/out telling me. His salary is not enough for all of us because of his farm hobby and i'm not working because i'm taking care of my daughter and its really hard on me to find part time job because we live in country site an hr. drive to the city
1 ANSWER
Family Law Attorney serving San Rafael, CA
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Richard Helzberg
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You cannot move to another state with your child without his permission or an order of court that you can do so. If he agrees, his permission needs to be memorialized, written up, as an agreement that can be signed by a judge- it is called a stipulation (agreement) and order. If you don't have his agreement and take the child, you can be charged with felony kidnapping.
If he does not agree, file a motion with the court. If you can't afford a private attorney, see the Family Court Facilitator, an attorney, no fee, at your local county courthouse to assist you, and that same person, if he does agree, could help you with the stipulation and order.
Answered on Apr 25th, 2015 at 1:13 PM