Legal Question in Family Law in California
My boyfriend of 4 years has had his three kids living with us the entire time. The children's mother moved away and had 2 more kids. She only visits with the three we have occasionally, maybe once a month if that. We want to move out of California to Arkansas. There has never been any formal custody arrangement of any kind. Is he legally able to move out of state without getting in trouble?
2 Answers from Attorneys
Since there are no orders, then there is nothing preventing him from moving.
I would suggest that you give the mother written notice at least 30 days prior to moving, of your intent to move and let her object.
If she then objects, then you should take it before a judge to make the call.
Good luck!
If there are no court orders relating to custody, there is nothing stopping your boyfriend from moving with the kids. As a practical matter, is appears unlikely that the mother will do anything, but after six months the new state will have jurisdiction.
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