Legal Question in Family Law in California
California's too Expensive!
I'm the custodial parent of my 3 children. I have been given notice that my landlord is selling the house we're living in and must move within 6 weeks. Because of the high cost of housing and current energy problems in California, I want to move back to Denver, CO where I have family and friends who can and will help me with day care and housing costs. The custody of our children is split 80-20 (with me having them 80% of the time). My ex travels for his job 80% of the time and last year, I took the children a total of 28 days because he was travelling. I've explained my situation to him before that I can't afford to remain in CA and want to move back home. He will not agree to this. He says negative things about me to the children even though it's specified in our divorce we are not to say disparaging remarks about one another in the presence of the children. The children fear him because he has a bad temper (our divorce was classified as a domestic violent one� I've had a restraining order against him). What are my chances of obtaining full custody and moving back with the children, or getting the custody order amended to allow me to leave the state if he doesn't give his consent? Our divorce was final 8/7/97.
2 Answers from Attorneys
Re: California's too Expensive!
Based on the facts that you give, you have the right to move, however, I am sure that there are other facts that a court could consider. Have your judgment reviewed by an attorney who does family law and has handled move away cases. He can tell you what you need to do. Start early, if it is necessary to have the issue determined in the court, it could take several months. Good Luck
Re: California's too Expensive!
First of all, look at your judgment. What does it say about relocation? If it says he has to approve or order of the court, you will have to file a motion if he does not give consent. If it says you only have to give advance notice, give the notice and he has to file the motion. If it is silent, give him 45 days notice and tell him that you expect him to file a motion promptly if he is going to dispute the move. You really should talk to a local atty at this point.
If this does go to a hearing, current CA law is in your favor.
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