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tinkaboo · Mar 26, 2009, 02:33 AM

In California if there is no custody agreement can I move my child out of state.

stevetcg · Mar 26, 2009, 04:01 AM

What does the other parent say?

cadillac59 · Mar 26, 2009, 05:09 PM

This gets asked a lot on this board and you really need to provide more details. It's a lot more complicated than a simple yes or no.

Assuming there's no custody case filed or orders to the contrary, there's nothing technically preventing you from leaving the state with your child. But watch out: be sure you let your co-parent know where you are and how to be in contact with you. If you run and hide and the co-parent wants custody, he/she is going to get it temporarily simply because you ran and hid. It kind of works like that. Plus, jurisdiction is probably going to be in California (there might be an exception, depending on how long the child has been in California to begin with) if the co-parent files a custody case within 6 months of your departure. So you're going to wind up coming back here to go to court anyway. Hence, be careful.

The best thing to do is secure an agreement from your co-parent and make it a court order before you leave. Or, just go into court and litigate the issue.

If you anticipate strong objection to your proposed move away, running off with the kid is only going to make matters worse.