Legal Question in Family Law in California

Ca family law and moving out of state

My Ex wife has just verbely told me

she is moving out of state. she will be

moving from south lake tahoe in

california to carson city in nevada. we

share joint legal custody, and she has

sole physical custody of our 2

children. Can she just relocate, with

out filing any court papers?


Asked on 5/25/08, 7:11 pm

2 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Ca family law and moving out of state

Look at the prior court orders to see what they say about moving. Also, where do you live? How much visitation do you currently have? If you have not exercised visitation very much, there's a good chance they will get to go.

I would file an OSC and ask either for custody, depending on your visitation, or at least modification of visitation to determine how much you will be able to see them once they are gone, and who will pay for travel, etc.

If you don't do this before they leave, you will most likely have to go to court in the new area to get visitation because most likely your ex will change venue.

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Answered on 5/26/08, 2:04 pm
Jeffrey Gerber Law Office of R. Jeffrey Gerber

Re: Ca family law and moving out of state

Yes and no. If you don't object she can do about anything she wants. You object by asking the Judge in your venue to prevent the "move away". They may permit her to move with the kids if she has very good reasons and it doesn't interfere with your time with the kids.

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Answered on 5/26/08, 7:34 pm


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