Legal Question in Family Law in California
Can the custodial parent move the kids 45 miles away from the non custodial parent without the 45 days written noticed required in the custody papers. This moves also requires the kids to change schools which in the papers states both parents must discuss. The custodial parent has decided to violate both these things and just move the kids.
2 Answers from Attorneys
If you have joint legal custody, custodial parent is required to consult with non-custodial parent about a change in schools. You have a few different options. You can file an OSC for Contempt or an OSC to change custody (sometimes there are provisions in the paperwork that says "failure to follow these orders may result in change of custody or penalties.") You could do both. You'll have to go to mediation, at which point you two can discuss how to handle this situation and changes. You might want to consider using Our Family Wizard. It sounds like you have trouble communicating with the other parent - the family wizard documents communication so that you have all correspondence in writing and admissible in the future in court.
Good luck!
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
You need to act quickly. You need to retain an attorney to file an ex parte immediately.
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