Legal Question in Family Law in California
under what circumstances can one parent move children to another state without t
My wife and I are preparing to file for a divorce. We live in California, earm the same income and have always split all of our living expenses in half. I am offering to continue to pay my half and to live close by so as to spend as much time as possible with our children. She insists that she will not be able to afford to live alone and will have to move to Indiana with the children to be near her parents. Can she do that?
2 Answers from Attorneys
Re: under what circumstances can one parent move children to another state witho
Yes, especially if she is the true custodial parent and if it is in the best interests of the children. What is the custodial time share, etc.
It may be that you should be paying her more under California guidelines for child support.
Re: under what circumstances can one parent move children to another state witho
If there is a risk that your wife may leave with the children to another state,
file the dissolution action and serve it on her. The Summons contains a restraining
order prohibiting you or your wife from taking the children out of the state. This way,
you can require a hearing before any move.
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