Without anything in place at this time, restricting your ability to relocate with your son, you would not be in any violation of a court order. However, there could be an issue with custodial interference and I have provided the law below, which could be at issue. Moreover, if she has filed, there may be language in the papers which advise the child is not supposed to be removed from the State and seeing the time, the Judge may find that you tried to move quickly on this to avoid service and be able to take your son. Even though your son wants to go with you a minor child never has the final say and the Judge will decide based upon what is in his best interest. After all, with you relocating out of State, the issue with child custody
would need to be determined since one parent would only be entitled to visitation
, seeing the distance to travel.
278.5. Deprivation of custody of child or right to visitation; punishment
(a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person of a right to visitation, shall be punished by imprisonment in a county jail not exceeding one year, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, a fine not exceeding ten thousand dollars ($10,000), or both that fine and imprisonment.
(b) Nothing contained in this section limits the court's contempt power.
(c) A custody order obtained after the taking, enticing away, keeping, withholding, or concealing of a child does not constitute a defense to a crime charged under this section.