QUESTION
My wife is talking about moving out of California with my kids. Can she do that without my consent? We are still married and live together.
Asked on Jun 10th, 2021 on Child Custody - California
More details to this question:
My wife is talking about moving to the east coast with my kids. She is a attorney. Can she just take the kids and go if she wants to? We all live together. There isn’t any pending divorce case or any legal custody issue. I just want to know my rights as a father if she decides to up and leave.
1 ANSWER
As the father, you have a right to NOT consent. If she wants to go to another state, she can go (right to travel) but she cannot take the children without your consent. You can file for divorce or legal separation and get an abduction order not permitting her to leave the state with the children. Of course, you can dismiss the case later if you want.
Answered on Jun 14th, 2021 at 11:49 AM