Legal Question in Family Law in California

My divorce has been final since Jan 2009. I have sole physical custody and we share joint legal custody. No specific visitation is granted in the divorce papers and no mention of not moving out of state . Due to health and economical reasons, I am planning to move with the children, ages 15 and 20 from California to New Jersey. My ex says he is going to try to stop us from moving. Is there anything he can do?


Asked on 7/30/10, 10:33 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

He has no power over the 20 year old as 18 is the age of emancipation. He has some control over the 15 year old in that he can petition the court to stop you. He could get a temporray order that would last until a formal hearing.This does not mean he would be successful as the court will look at a host of issues ranging from his desire to see his kid to your economic and medical needs. The court must consider what is in the best interest of the 15 year. Is the child close to the dad? Has the Dad maintained frequent visits? Etc. In the mean time, go if you want as there appears to be no court order to force you to stay. Once you are gone, most likely the Dad will have to go to the New Jersey courts to get satisfaction as that will be your place of residence.

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Answered on 8/05/10, 9:41 am


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