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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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I have filed for divorce, my husband lives hours away. The

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I have filed for divorce, my husband lives hours away. The paperwork is on its way to a process server in his county. I am supposed to visit friends in Arizona (I live in ca) for the weekend. He suddenly does not approve of our daughter going with me. We have been separated since December, he has seen her twice and pays no child support. He says if I leave he will call the police. Can I take her out of state for 3 days without getting in trouble? The only documentation there is is a filing for divorce, no other orders and I have been the sole provider for our daughter.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Until the court established legal custody visitation for a minor child in case of a divorce, both parents have equal custody rights and either one can take the child out of state and if the other parent objects, the only thing that the other parent can do is to file an Emergency Motion with family court for an injunction against the parent taking the child out of state, but otherwise police will not get involved in such child custody dispute without a valid court order, which would prevent one parent from taking the child out of state.

I wish you the best of luck and please let me know if you have any related follow up questions.
Do you have any related follow up questions for me?
Customer: replied 4 years ago.
I was wondering how quickly he could file that. If I'm only gone the weekend it would most likely be a waste of his time correct? Thank you so much for your advice already. I'm trying to do this whole thing by myself. He decided not to work which resulted in the loss of our home and the displacement of myself and my children and do by have the budget for an attorney. This sight has been a huge relief for me!
Thank you for your follow up.

Please keep in mind that I can only provide you with general answer and not any type of legal advice or opinion, as such can only be provided by the local attorney, upon a full review of your entire situation.

While it is technically possible to get an emergency hearing the same day, it is not likely that the court would treat this situation as a dire emergency to warrant such same day hearing, so in most likelihood in a situation similar to this, it would take at least several days before the matter can be heard by the judge upon request from one of the parents.

I wish you the best of luck!
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