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?
2 Answers from Attorneys
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.
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.