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Can I be charge for leaving the USA with a CPS case open, when I go back to USA with my kid after a year in other state?

Los Angeles, CA |

Actually I will be living in other state, not the same state where the CPS case was open, the CPS only called me to see how I was doing with my kid, because we had a Domestic violence case, now we will live in TN, and I want go back with my husband after his anger classes. I'm not sure if they will take my kid if I try to live with my husband.

Attorney Answers 2


  1. It depends on the severity of the DV and on whether the social worker doesn't like your H. If there is a history of DV between you and H then expect CPS to hassle you. But you should ask her first before getting back with your H. If you plan on leaving the state CPS cannot do anything to you as they have no jurisdiction.

    This answer is not intended to give you any legal advice as the information provided by you is insufficient to provide any legal advice. You must seek the services of a qualified and experienced attorney before acting on any advice from this website or any other place. Please call my office for a Free Initial Consultation by calling (909) 481-5350.


  2. There is a great deal of information that is missing. Most importantly, is there a Juvenile Dependency case open currently in any California County. If so, the Juvenile Court likely has legal custody of the child and perhaps you as the parent have physical custody (in some cases, the parent may maintain legal custody while the court case is pending). Additionally, it is likely that the court has made an order that you are not to move from the county without first notifying CPS or the social worker and receiving their approval.
    Whether you should reunify with your husband when there has been prior domestic violence is not something that can be answered on this website. However, if you have a good relationship with your social worker, I suggest that you discuss with that person prior to making a decision or seeking the advice of an attorney is another good option.

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