California Divorce Start Your Divorce Find Professionals California Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Grandparent Rights Forum California Products Divorce by County
Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support
Can a Custodial Parent Take a Child Out of State?
A child typically cannot be removed from his state of domicile or residence without the prior approval of the court or judge who awarded custody. If the custodial parent moves the domicile of the minor child out of state against the wishes of the non-custodial parent and without the permission of the court, then the court may sanction orders of contempt. An order to permit a parent to move a child from the state is often required before a move can occur, especially in contested relocation or move-away cases. The relocation or move-away order may be entered either by consent of both parties or by the court after a hearing.
Often court orders will include a change of domicile provision stating that the custodial parent shall not remove the minor child from the state without prior approval of the court. The reason for this provision is to protect the non-custodial parent's rights to visitation and to ensure that a custodial parent's move out of state is legitimate and is not being done to frustrate or deny the non-custodial parent's access to the minor child.
If the parties mutually agree to a change of domicile and sign a written agreement (known as a stipulation and consent agreement), it may be entered as an order if approved by the court.
On the other hand, if the parties cannot mutually agree on a change of domicile, they may proceed in several ways. A parent may contact the other party to reach a consensus, may attempt to resolve the matter in mediation or in another form of alternative dispute resolution, or may choose to file a petition for a court to consider the matter.
If you have questions or find yourself in a situation where the custodial parent wishes to take your child out of state against your wishes or against a court order, you would be wise to consult an attorney in your jurisdiction to help you learn where you stand legally and what your options are.
To file for divorce, one spouse must have lived in California for the last six months, and the county where the action is filed for the last three months. Spouses who have lived in California for at least six months, but in different counties for at least three months can file in either county. These California residency requirements must be met in order for the court to have jurisdiction of the case.
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|Your Right to Child Custody, Visitation & Support
Cover Price: $
Your Price: $17.95
You Save: $7.00
"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
|The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source, Inc. is also not a referral service and does not endorse or recommend any third party individuals, companies, and/or services. Divorce Source, Inc. has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Read our Terms & Conditions.|