Can the mother of my children move out of California without my permission?

Question Detail

The mother of my three children and I never went to court to decide custody when we split and/or thereafter. We continued to live in the same city and I was in the children’s lives. A couple of years ago she disappeared with the kids. Just recently I found out that she moved to the state of Idaho with the two youngest (now 13 and 11) and left the oldest child (now 16) here in the care of his friends mother. Can she move out of state with them and leave the other with someone else without my permission or knowledge? What are my rights and options?

Craig’s Answer:

You should file a motion with the court to set custody and visitation orders. In order for California to have jurisdiction, the children must have been residing in the state for the last six (6) months. Therefore, it is likely that you may have to file your custody motion in Idaho, if they have been residing in Idaho and Idaho has jurisdiction. Normally when there are court ordered custody/visitation orders already in place, the children cannot be removed absent a court order or the written consent of the other party.


Category: Child Custody, Divorce, Family Law

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