Legal Question in Family Law in California

I have 3 children,8yrs,4yrs,2yrs. I was not married but me and my ex have been seperated for almost 2 yrs, I have shared 60%(me) 40% (him) custody since December 2010. We have always handled things between us without courts.I want to move 2 hours away but my ex wants to fight me on it. What are my rights? How should I go about making sure my bases are covered?


Asked on 3/08/12, 9:45 am

2 Answers from Attorneys

Michael Schneider Family Law Center

The best answer is that you should file with the court and request permission to move away. If you do otherwise, without court permission, your ex could file for an emergency order forcing either the children to be brought back or you to come back. Good luck!

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Answered on 3/08/12, 11:18 am
Brian McGinity McGinity Law Office

This is a hard situation. You really need a family law attorney for this situation. If you do not handle it right the court could come back on you. I agree with Mr. Schneider that you do not want to move without obtaining the court's permission. I would take it a step further and explain to the court why the move is necessary and why you should not be penalized for having to move. If you would like some specific information please feel free to contact our officer through our website at www.brianmcginitylaw.com .

Good luck

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Answered on 3/08/12, 7:54 pm


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