Legal Question in Family Law in California
Ability of mom to move childrren away from dad
When my ex & I split in April, she took our 3 children (2,6,8) and moved in with her mom about 4 miles away. She is currently trying to take the children and move close to 70 miles away. She is taking the children out of the community they have been in for 5 years, removing them from school mid-trimester, and taking them away from their after school and weekend organized activities. She is telling the court it is an immediate need to move, but she does not have a place to live, she does not have a job and has no family in the area she is looking to move to. Economically, the area has about the same cost of living & housing but has a higher unemployment rate, and lower wages. Our older children will have to attend after school care and the 2yr old will have to be put in daycare full time. I believe her mom will be selling her home & moving to the area but that could be months away. We currently do not have child visitation orders from the court but have agreed to every other weekend and kind of are in agreement to a during the week schedule. I feel this move will greatly impact my relationship with the children.
Based on what I have shared, How likely is it her request to move will be granted? What recourse do I have?
1 Answer from Attorneys
Re: Ability of mom to move childrren away from dad
absent any Court orders regarding child custody at this time, there is a great possibility that she can move legally with or without your consent or approval. however, you can remedy this situation by adequately showing the Court cause in why she should not be allowed to leave the area, or at least set up a formal, Court ordered child custody/visitation schedule in which she would bear the expense of sending your children to see you on weekends, etc...per se. further, you can schedule what is called an OSC (order to show cause) hearing ASAP to do all of this properly and legally, before she in facts moves. if you would like further assistance or direction on all of this, contact us today.
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