Can I leave California with my child?

Can I leave California with my child?

Generally, a parent who has a permanent order for sole physical custody (also called \u201cprimary physical custody\u201d) can move away with the children unless the other parent can show that the move would harm the children.

Can you move out of state while getting a divorce?

In California, at least one party must be a resident of the state and county where the divorce is filed. If you move out of state before the divorce is filed or while the case is pending, you can still handle the case in a California court if your spouse continues to meet the residency requirements.

Can a dad take his child?

If you have sole physical custody, it is not legal for the other parent to take your child from you. Sometimes taking your child from you is a crime, like “parental kidnapping.” But if you are married, and there is no court order of custody, it is legal for the other parent to take your child.

Does a mother have more rights than a father?

Being a mother or a father makes no difference. Parents must show that they are willing to work together respectfully in order to achieve a result that reflects what is best for their child. It is important to remember that parental responsibility is not the same as custody.

Why do mothers get custody more than fathers?

Parent-Child Bond Another factor courts use in making custody determination is the relationship between parent and child. Mothers are more likely to take more time off work or stay home entirely with their child than fathers.