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    SerendipityWV's Avatar
    SerendipityWV Posts: 1, Reputation: 1
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    #1

    Sep 14, 2009, 05:59 PM
    Can a mom take a child out of state if no legal divorce has been filed?
    My niece lives in CA and is married and has a 1 yr old by that man. She has been ill constantly, no job, and they fight all the time. She wants to leave to return to WV and bring her daughter with her, but her husband said she cannot leave or take the child out of state. No legal papers or action has been taken. Can she bring the baby to WV? She has no family or friends in CA.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Sep 14, 2009, 06:23 PM
    Hello S:

    At this time, she can leave. However, if the father files for visitation, the judge may order her to come back.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 14, 2009, 06:27 PM

    She can go, but if he files for divorce, and child custody, or child viists, she may be ordered to move back or return the child.
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