Legal Question in Family Law in California

I have a custody arrangment provided by the court to have my kids a set number of times a week. however now my kids mom is threatening me that she's going to move out of the city and change thier schools. how can she do that legally if we have a set schedule already?


Asked on 4/09/12, 1:31 am

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

If your parenting order does not specify that the children are to remain in their current school and place of residence, you run the risk that your ex can relocate without the need for a new court order. If your parenting timeshare is unchanged by this location and school shift, then there may be no need to return to court.

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Answered on 4/09/12, 7:00 am

What Ms. Kock means in plain English, is that if it doesn't upset the custody schedule or impose some other significant hardship on you, and the order doesn't prohibit it, your ex can move where she wants. If the schedule can be maintained, but only by significantly increasing burdens on you (such as your ten minute drive to swap kids becomes an hour) you have a right to go to court to stop it or modify the order (such as she has to do the driving if she moves). If it would prevent you from having your custodial time, it is just flat out illegal and if she does it and interferes with your time, she is in contempt of court and you have a right to have a contempt hearing.

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Answered on 4/09/12, 11:02 pm


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