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    meanee's Avatar
    meanee Posts: 2, Reputation: 1
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    #1

    Dec 15, 2008, 08:22 PM
    Can a mother take the child out of state while the custody trial is in progress?
    Can the mother of the child take him out of state while the trial is in progress?
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #2

    Dec 15, 2008, 10:00 PM

    I imagine that depends upon the state you are in. In California, no. Not without a court order or the written permission of the coparent.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 16, 2008, 08:23 AM
    Quote Originally Posted by cadillac59 View Post
    I imagine that depends upon the state you are in. In California, no. Not without a court order or the written permission of the coparent.

    Ditto for NY -
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Dec 16, 2008, 08:27 AM

    Well it may depend on the reason. If you just want to go on vacation, it probably won't be a problem. But if you are trying to move, then the court can probably order you back.

    In either case, I would try and get the court's permission.
    meanee's Avatar
    meanee Posts: 2, Reputation: 1
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    #5

    Dec 16, 2008, 10:02 AM
    What about in VA?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Dec 16, 2008, 10:07 AM
    Quote Originally Posted by meanee View Post
    What about in VA??

    I wouldn't take the chance - ask the Attorney, ask the Court. Why take the risk? It's either all right or it's not.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Dec 16, 2008, 02:25 PM

    Unless it's a funeral then don't plan of it for any reason. And if it were for that be sure that your soon to be Ex is aware of what's going on. Most courts have standing restraining orders that bar the children from leaving the state until a hearing of some sort. Doing otherwise could be considered kidnapping and a federal crime because you crossed a state line.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Dec 16, 2008, 05:09 PM
    Quote Originally Posted by meanee View Post
    What about in VA??
    Maybew you should explain the circumstances in greater detail.
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