Can my wife move my kids to another state? 5 Answers as of June 27, 2011

My kid are 10 and 8 they were born in CA. We moved to MS about 8 years ago. We lived there for 4 years then moved to TX. I finally got my wife to move back to CA. My wife keep threatening to move the kids back to TX. Can she legally do that?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
She can, unless she is served with a divorce case filed in California. Once served, there are automatic temporary restraining orders on the reverse side of the Summons which restrain her from removing the children from the state of California.
Answer Applies to: California
Replied: 6/27/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Whether your wife can move with the kids to Texas depends upon what the court order that you have. If you do not have a court order and if you are still legally married then you will need to file an order to show cause asking the court to prohibit her from moving from California to Texas. If the kids have lived in California for more than 90 days then the court can exercise jurisdiction. If you do not get a court order then your wife can take the kids to Texas or any other state so long as she provides you information as to where they are living.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
In order to prevent your wife from moving with the children, you should immediately file for dissolution. Once you file and serve the initial documents, there are automatic restraining orders which prohibit either party from moving with the children. If she leaves prior to the filing of a divorce it may be more difficult to get your children back to the state of California. You should contact an attorney to discuss the facts of your particular case and to insure that your rights are protected.
Answer Applies to: California
Replied: 6/27/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
This does not sound good. It does not sound as though your wife is rational, or understands the law or respects your rights as a father and parent. File for Custody and Visitation now, before she leaves. Then, if she moves without notice and permission, it will be child abduction. She will be required to give you 45 days written notice of her intent to move, and you will file an Order to Show Cause (OSC) to prevent her from doing so. She does not sound emotionally stable anway, and moving around so much is not good for the children. They can remain here in California with you, while she goes off and runs around.
Answer Applies to: California
Replied: 6/27/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
If a divorce case is pending in a California court, the answer is no. Such action by your wife would violate the standard family law restraining orders that go into effect against the petitioner when the divorce is filed, and against the respondent when the divorce petition is served on said respondent. If no divorce case is pending, then it could be considered abduction to move the kids without an agreement.
Answer Applies to: California
Replied: 6/27/2011
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