Legal Question in Family Law in California
I am 16 years old and my parents are getting divorced. If my mother is moving to Washington but my father stays in California, if he does not fight for custody of me, am I allowed to move to Washington immediately with my mother if I choose to?
1 Answer from Attorneys
If your father consents, your mother and father can stipulate to lift the automatic restraining order against removing minor children from the state. That would allow you to move with your mom before the divorce is final. To protect your mother from your father changing his mind, however, they really need to put it in an agreed order for the court to sign and file. If your parents can't agree, the court also can still issue an order that you be allowed to move before the divorce is final, if your mom can prove that it is more in your best interests than for you to stay in CA until the case is final.