Taking child out of state

[Ninlago]

I live in the state of California. My spouse took my only child and moved out of state, just after having me arrested for domestic violence and getting an emergency protective order against me for 1 week. Is this legal?

[tbyte]

Yes, as long as the two of you are married you each have a legal right to take your children wherever either of you wants.
You should file for divorce immediately, in your current State of residence, and require her to return with the child for the court hearing. You should also request temporary custody of the child pending the divorce, based upon the fact that she is denying you access to the child.
All this depends, of course, on her allegations of abuse being unfounded.

[Ninlago]

Also we are in the process of divorcing. Our divorce papers were filed back in Oct 2007 at which time we had mutually agreed on joint physical custody of our daughter. As such, neither one of us agreed to child support payments. Does this change your answer any? Once the divorce is final, is she obligated to bring my daughter back to California to meet the terms of our divorce decree?

[tbyte]

Your divorce papers, or your separation papers, should have stipulated what the visitation schedule would be pending the final hearing.

[Ninlago]

I understand that the divorce papers stipulate the visitation schedule but keep in mind the divorce has not been finalized yet. My question is once the divorce is final, is she obligated to bring my daughter back to California to meet the terms of our divorce decree?

[tbyte]

It all depends upon whether that is required by your final divorce decree.