Can I take my children out of the state while divorcing? 6 Answers as of May 19, 2011

My permanent residence is in Washington State with my 4 minor children. However my husband left to California to live with his parents 8 months ago when we began to have marital problems. I recently in January came to California with the two youngest children to try to save my marriage and pursue marital counseling. I was served with divorce papers at the beginning of this month in California, and have recently found out I have ovarian cancer. I would like to go back to my permanent residence with my two children to pursue cancer treatment until the court date. Is it illegal for me to take my children back to our home until the court date? Or do I need permission from the court?

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Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
If the divorce is taking place in California, then you should consult with a California attorney about the issue of moving back to Washington.
Answer Applies to: Washington
Replied: 5/19/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
If there are any court orders regarding custody and visitation then those orders control, if not you can move, but California will still have jurisdiction and you may have to move back to California.
Answer Applies to: California
Replied: 5/19/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Once the divorce is filed you would need permission from the court. You may be able to seek that Washington is the permanent residence of you and the children since you resided in California for under 6 months. You should contact an attorney for assistance with this matter.
Answer Applies to: California
Replied: 5/19/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Since your husband has resided in California for over six months, he had the right to use the California Courts to file for a Dissolution of your marriage. Since you were served in his divorce case, you should retain a local experienced California Family Law Attorney to represent you in that divorce, and under your circumstances, you should file an Order to Show Cause for permission of the Court to move with the children back to Washington State to enable you to be with and receive the love and support of your extended family during your Cancer treatment. Because the children have not resided in California for six months yet, you may have a claim under the Uniform Child Custody Jurisdiction and Enforcement Act to have the issues regarding your children litigated in Washington, but submitting to the jurisdiction of California by responding to the California Divorce may moot that claim, yet if you fail to respond to the California divorce, your default would be taken, so you should discuss how to respond to the California Divorce with your Family Law Attorney.
Answer Applies to: California
Replied: 5/18/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
I am not sure what orders are in place in California, although from what your description says, it appears Washington, not California would have jurisdiction.
Answer Applies to: Washington
Replied: 5/18/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Once you have been served with the divorce papers, you must obtain permission from the court to take the children out of state. If you are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/18/2011
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