Legal Question in Family Law in California

California will have continuing jurisdiction priority over the children for six months after you leave. If he finds you in that time, the is a strong possibility that California will exercise jurisdiction and you will be ordered to return the children to California pending custody proceedings. Also, when one parent tries to sever the children's ties with the other parent, it is the policy of the state to favor the other parent in custody disputes, unless there is an excuse. Abuse is such an excuse, but you will have to prove it in court if you want e judge to disregard the rule that parents who try to cut off the ore parent are presumably not the best parent for primary custody. The legally safer course is to do everything by the book, here in California, including requesting domestic violence restraining orders and then court permission to move the kids out of state. Abuse is a dangerous situation, however, so if you really feel you cannot safely remain in California until you have a court order to move, and you can keep him from finding you for six months, you will be able to file and proceed in your new location.

Please contact your local battered women's shelter to get assistance on seeking and being awarded sole legal and physical custody and the right to move out of the area.