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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27616
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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so my husband and I are talking about divorce I want to fly

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so my husband and I are talking about divorce I want to fly to California with my daughter but hes in the military and would it be illegal for me to leave with my daughter
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Would the trip to California just be for vacation or are you looking to relocate there at this time with the child?
Customer: replied 4 years ago.
File for divorce there and relocate there
Thank you for the additional information. The father does have legal rights to the child, so it is not a situation where you can just pack up and leave, once the divorce is final. The reason being, is that the Judge is likely going to order custody and visitation, which will be decided on the best interest of the child. In an ideal situation, with him being in the military, he would agree on giving you custody and you and him would work out a visitation schedule, when he returns. I assume if he is deployed a lot, he is not around, so to force you and your child to reside where you currently are, would not necessarily be reasonable, if there are better opportunities elsewhere. If you currently have other family in the State and he wants to return there to be with them, it may be an issue but like I said above, that is for the Judge to decide. In the divorce decree, you would need to have it ordered that you not only have custody but can relocate outside of the State with the child. The failure to do so could result in contempt or even criminal charges, if his rights as a father are taken away and/or you were to violated a court order.

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Customer: replied 4 years ago.
Well that was helpful
Thank you. Please let me know if there is anything else.

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