Thank you for contacting our JA team for guidance.

If the court proceedings have not yet been filed, you both have equal rights to your daughter and you can move out of state. However, it is likely he would file a petition in MO before you are able to establish residency in CA (6 months) and you would be forced to litigate in MO and the MO court may not look favorably upon your having taken your child out of state.

It is often better to file the petition and obtain the consent of the court to move out of state once you have gained temporary custody. That way, it does not appear that you are trying to take your husband's child away from him without due process of law.

The state bar association can provide you attorney referrals in your area.

Please let me know if you need additional information.


Best regards XXXXX XXXXX

TG

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