Can I take my son out of state against his mothers wishes? 8 Answers as of December 07, 2010

We all live in California but I would like to take my son to Arizona to see his family but his mother objects can she stop me?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If there is no divorce or legal separation case filed, there are no restraining orders against taking your children out of the state. However, if either such case has been filed, there are automatic restraining orders against removing the children from the state without the other party's prior written consent or an order of the court. As a practical matter, if there is no divorce or legal separation case filed, you need to consider the risk that your taking your children out of the state against your spouse's wishes may cause irreconcilable differences with your spouse which may lead to an irremediable breakdown of your marriage.
Answer Applies to: California
Replied: 12/6/2010
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Depends on your court order. If you do not have one, then go.
Answer Applies to: California
Replied: 12/6/2010
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
If you or your spouse filed for divorce, then you need her consent...which should not be reasonably withheld. On the back of the Summons, it states as follows:
Answer Applies to: California
Replied: 12/6/2010
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Only if you have an agreement or court order can you take a child out of state without the other parent's permission. However, permission cannot be unreasonably withheld, assuming you ask. Thus, if you are forced to go to court to get orders allowing you to take your son out of state, then you may be able to recover attorney fees from your wife for her recalcitrance. It is best to ask in writing and get her refusal in writing, so you have evidence of her refusal which may be necessary to get an award of attorney fees. If you do have the discussion in writing, keep it very brief and professional.

If you have further questions, feel free to call.
Answer Applies to: California
Replied: 12/6/2010
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Yes to both questions. Yes, she can stop you, and there are probably already orders (if the two of you have been to Court and have custody orders) that you not take the boy out of California without her written permission, but you can petition the Court to take the trip. She cannot withhold her consent unreasonably.
Answer Applies to: California
Replied: 12/6/2010
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Are you still married? Living together? Are there any court orders in the case? If there are court orders that state the child is not to be removed from California, then no.

    If she is not agreeing to you taking a vacation, you might want to consider going to court and getting court orders so that you wont have the police called on you while you are on vacation.
    Answer Applies to: California
    Replied: 12/6/2010
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    It depends on whether you have a court Order or not and what the terms of the Order state. Call an attorney and discuss the details. They are very important.
    Answer Applies to: California
    Replied: 12/6/2010
Click to View More Answers: