Legal Question in Family Law in California

My divorce decree from 6 years ago states 50/50 joint legal and physical. We had a 5 day on, 5 day off system as the decree mandated for a very short time. Ex moved to another county and has taken our child every other weekend since then. We never had the order modified and I am intending on moving out of state with my daughter. He is not contending it, but I need to know what steps to take, in which order, as simply as possible. I have researched for many weeks. I have a parenting plan, which includes the holiday schedule, as well as forms such as FL-355, FL-341, etc. There is no current child support order in place either. Also, we both live in different counties than where our divorce was filed and finalized. Do I need to file in my county of residence?


Asked on 6/27/11, 5:00 pm

2 Answers from Attorneys

You should consult with the Family Law "Facilitator" or "Self Help" office in the county where the last orders came from. That county will be where you have to start. You may want to have the case transferred, but if you are in agreement on everything, it may be easier just to do everything by mail in the original county.

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Answered on 6/27/11, 5:05 pm
PATRICK MCCRARY PATRICK MCCRARY

You may wish to have an attorney prepare the stiuplation. It would probably not be very expensive and you would not need to travel to your original county. Also, you may avoind many problems that can come up later. Good Luck, Pat McCrary

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Answered on 6/28/11, 7:00 am


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