Legal Question in Family Law in California

I have 2 children with my ex husband. We live in California and had an birufication done. Our status is returned to single however we still have to do our msa. We don't have a custody order nor a child support order in place. My ex husband hasn't bee in our daughter's lives on a constant bases for the past 13 months since they have been in my constant care. I have since remarried to a man who lives a few hours away. Due to his job he can't relocate at this time. My ex isn't paying child support at this time however plans to. My ex husband also remarried to a woman who lives out of state; where he has spent most of his time the past couple of months. His current wife cannot leave the state with her children as the court has denied permission. He says he is trying to get that resolved so that she can move. He maintains a residence here so that he can say he still lives here and hasn't moved. He also has a residence out of state with his new family. I am struggling financially and have had a job offer, near my husband's residence. I had planned on moving in a couple of weeks with my daughters to take this job and to live with my husband. My ex husband is planning on trying to stop me from leaving. What can he do to try to keep me here if we don't have any orders in place?


Asked on 10/16/09, 5:23 pm

1 Answer from Attorneys
Jennifer Nagel Law Offices of Jennifer L. Nagel, P.C.

You could file a Petition for Order to Appear for Temporary Orders to seek a court order granting you custody, granting him parenting time, and permitting you to move with the children. Be prepared to explain that you need to move for financial reasons, propose some times that he can visit with the children despite the move and how that would be accomplished, and be able to show that he hasn't exercised much parenting time with the kids anyway (so his relationship with the kids wouldn't suffer much from the move.) If you need a consultation to go into more depth about your situation, I charge $200. You can call me at (928) 526-3268 to set up an appointment.

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Answered on 10/17/09, 1:35 am


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