Legal Question in Family Law in California
california state law regarding seperation & leaving the state
My husband and I are seperating and we live in California. I am wanting to take our two small children to Arizona, to seek residence w/ family. What does the law say in regards to my rights to be able to do this? My husband does not want me to go to Arizona, but I have a place to live and a job waiting for me, because currently I am a homemaker. I will have to be supporting the children as my husband is starting chiropractic college and will have a limited income. I simply cannot afford to live in the state of California as cost of living is much higher than in Arizona. Please let me know what my rights are.
2 Answers from Attorneys
Re: california state law regarding seperation & leaving the state
He cant stop you from moving
Re: california state law regarding seperation & leaving the state
You have the right to move. The court cannot order you not to move. However, the court can control the movement of the children. Since you are a homemaker and the primary caretaker of the children, it is unlikely that the court would prevent you from taking the children.
The best approach is to attempt to work out visitation with dad before you move. You would be well served by retaining an attorney to advise you regarding visitation schedules.
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