QUESTION
Is it legal to take him with her out of the country without my consent?
Asked on Jun 23rd, 2016 on Child Custody - California
More details to this question:
My baby is 1 month old. His mom threatened to take him with her out of the country. Seven years ago, she fell in depression and was treated with professional help in Mexico. I am afraid she can take my baby away. What can I do? How does the law work in this case?
1 ANSWER
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It is not a matter of whether it is legal or illegal. If there is no case pending and nothing has been filed with the court there is no law prohibiting a parent from taking the child out of the country. If, however, there is a case pending and there are court orders prohibiting it then it would be a violation of a court order. Which is not to say it is illegal, it is simply punishable by contempt of court or can, in theory, result in a Family Court judge changing custody. I hope this was helpful.
Answered on Jul 26th, 2016 at 4:09 AM