If your child’s other parent took your child out of state without your permission, what options do you have? That can depend on whether you have a court order or only a verbal agreement. Protecting your child and your rights as a parent is extremely important.
You want to ensure you’re co-parenting effectively and that you and the other parent understand. That’s not always easy, especially if you and the other parent have very different parenting styles or opinions. What you can do about your child leaving the state with their other parent comes down to two different scenarios.
When You Have a Court Order
With a court order, the answer to the question of what you can do is straightforward. Court orders generally state that neither parent is allowed to take the child out of the state of California without written permission from the other parent or without getting consent from the court.
If the other parent doesn’t have that permission or consent, you can immediately go to court on an emergency basis to get a court order requesting that the child be brought back to you. The other parent is legally obligated to comply with that and return the child.
The process of getting this order generally happens fast, because the other parent directly violates the original order stating that they aren’t allowed to remove the child from the state. In this case, you have proof that they’re doing something you didn’t agree to and that the court has expressly stated they aren’t supposed to do.
Options Without a Court Order
If you don’t have a court order, things can get more complicated. There are extra steps you need to take in this case. You’ll need to initiate your petition if you don’t already have a parentage or divorce action open. Then you can move on an emergency basis to get a court order to return the child.
To get that order, you’ll need to show the court that the other parent didn’t have your consent to take the child out of the state or that the other parent is refusing to bring them back at your request. That can be stressful, but following the proper procedures can make getting your child returned faster and protect your rights as a parent easier.
Reach Out to an Attorney for Guidance
Finding yourself in this situation is upsetting, but you can get the help and support you need when you work with an attorney. Proper legal representation can make a big difference in how quickly these issues can be addressed.
If you need help filing an order, going to court, or have questions about your case, contact us at the Mohajer Law Firm today. We offer a free initial consultation and can sit down with you on a one-on-one basis to discuss your case.