Legal Question in Family Law in California

child

i have a child with my ex-wife and she plans to remarry and plans to move to another country with my child who does not want to stay with her. what type of legal options do i have


Asked on 4/24/08, 3:50 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: child

How old is the child? The child's wishes will be given more weight the older he/she is. Request primary custody. Object to the move. Contact me directly.

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Answered on 4/24/08, 4:04 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: child

At first glance I would say that it is unlikely that a judge would allow her to move, but that does depend upon the judge. That 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 in your county who handles child custody matters 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. You should file a motion to request that she be prevented from moving before she attempts to just up and move. This motion could take months to resolve since you will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. Good Luck, Pat McCrary

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Answered on 4/24/08, 6:21 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: child

You can file a petition to establish paternity and for custody.

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Answered on 4/24/08, 6:58 pm


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