Legal Question in Family Law in California

Child Custody

My x-wife wants to take my children to another state. She has full physical custody but we have joint legal custody. I always pay my support on time. I have them every other weekend and every other week 2 days. Is it legal for her to take them without my permission? I live in San Diego and I'm in the Navy.


Asked on 5/12/08, 6:14 pm

2 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child Custody

You need to file an Order to Show Cause stopping her from leaving the state. There's a chance she'll be successful if she shows the right factors in her response, however. At the very least, file an Order to Show Cause stopping her but, in the alternative, changing visitation so that she is required to send the kids to visit you every so often, like holiday weekends, summers, etc.

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Answered on 5/12/08, 8:43 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Child Custody

You may request the court to intervene and if there is good cause you may prevail. At the very least you will need to modify visitation. Contact me directly.

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Answered on 5/13/08, 12:06 pm


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