Can I take my kids out of California during a Divorce?

During a divorce, a parent can take a child out of California if and only if the other parent consented through writing or the court issues an order permitting that to happen. The rules of parenting when it comes to travel with children change as soon as one of the parents files for divorce. The travel of the kids out of California during a divorce can be looked at in two dimensions. First, the Court has to ensure the kids are safe and second, to keep both parents of the divorce on an equal balance. This is to ensure no parent has an advantage over the kids prior to divorce.  Again, a parent is not allowed to move out of the area with the children without a written agreement between the parties or a Court order.

There are different circumstances in every situation. If you have been served with divorce papers by your partner, and you are thinking of moving your kids out of California (or even out of the area), it’s advisable to stop your plans and consult a Family Law Attorney, who can assist you with the right steps to take.

If you have any questions about uncontested dissolutions or need legal advice in the family law realm, please contact The Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County, California.
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