Legal Question in Family Law in California

50/50 custody of two minor children. Ex-husband wants to move out of county with children and new wife mid school year. Moving so they can lower their house payments and won't have to give up their second vacation home and toys. What are my rights to stop relocation?


Asked on 1/31/11, 10:53 am

1 Answer from Attorneys

James Chau Law Offices James Chau

Move aways are scary and require quick action. You will need to file a motion in court to stop the move away and request the court to prevent the children from being taken out of the county if you suspect the husband may do it without our knowledge. Once the kids are taken then it is harder to get them back. The court will have to then determine whether it is in the childrens best interest to allow the father to move away with the children or to allow the children to stay with you as the primary care parent.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/04/11, 10:59 am


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