I want to go back to home state with family so that I can get support with my child. He hasn't worked in almost a year.
The home state is determined by where the child has resided continuously for the last 6 months
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Divorce / Separation Lawyer
If you want to take your child out of state, your should petition the court for an order to do so. If you take the child out of state and he files before you have been there for 6 months, he can file for an order for you to return the child to the state - which if he wins will cost you time and money to either move back, or you will need to send your child to live with his father. It is in your best interest to either get a stipulated agreement with your husband that you can move the child or to get a court order allowing you to move with the child.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents. My firm is All for the Family Legal Clinic, Inc. a nonprofit public benefit corporation that charges on a sliding scale based on income and family size. For a consultation contact us 510-999-7732 or at our website www.allforthefamilylegalclinic.org
When a divorce is filed in California there are "Automatic Temporary Restraining Orders" (ATROs) that are issued as well. One of those ATROs prevents the children from being removed from California without an agreement with the other parent or an order from the court.
You can try to get your husband to sign an agreement that allows you to move with the children, and that can then be filed with the court.
If he doesn't agree that you can move with the kids then you have to file a Request for Order to move with the children, stating why you need to move, and you should also propose what time you think the children should have with their father if you do get to move with them.