Legal Question in Family Law in California
Child Custody - Moving across state lines
My ex-wife is planning a move out of state (California to Vermont) with our 6 year old daughter and her son from another marriage (she is in a custody battle in that relationship)
As part of our divorce we agreed to sign a (notarized) marital settlement agreement, and within that is a clause stating that one parent cannot relocate out of a certain area without written consent from the other parent. Custody was set at 51/49 physical and joint legal.
Since that time (2004) we have made a few changes in that agreement, but never amended the agreement. We have tried to keep our divorce very civil for the sake of our daughter.
When her current husband put himself into legal limbo, I willingly helped her out financially (at her request) to maintain her home for the last six months. In order for me to do so, I had to move from my home to another county, and give up some of my custodial time outside of our initial written agreement, in order to free up money to assist her.
By not updating our document when changes have occurred, does this now invalidate it? Because, I am not comfortable with her leaving the state with our daughter and giving me only 12-14 weeks visitation each year.
3 Answers from Attorneys
Re: Child Custody - Moving across state lines
At first glance I would say that it is unlikely that a judge would grant the move-away, but that does depend upon the judge. It is a difficult question to answer since there are many factors that go into a judges decision to allow a parent to move away from the other parent. You are best to talk with an attorney who handles child custody matters in your county who can go over all of the factors and the tendencies of the judges in your county. I recently taught a seminar to attorney's on move away requests and can tell you that many no one should give you a straight yes or no answer to the question, but they can give you some good direction and preparation for the requests. If she thinks she is going to move in the next few months she is sadly mistaken. This motion could take months to resolve since father will have a right to an evidentiary hearing, that is a trial rather than a simple hearing. Good Luck, Pat McCrary
Reply: Child Custody - Moving across state lines
In a general sense, you may have to get a restraining order preventing her to taking the children pending a hearing\trial on the move away issue. There are fairly easy to obtain. If you have been an actively involved father who has consistently been involved in the children's lives, it may be very difficult for her to get a move away granted. This is a highly specialized area of family law litigation.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Child Custody - Moving across state lines
answered below.
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