Legal Question in Family Law in California
I'm going through a divorce right now and i want to move to reno so i can be with my family. But my husband is trying to keep me here. I was wondering if my children and i can move to reno while our divorce is in the process or do i have to wait until everything is settled. I want to leave now because in the past he has been physically and verbally abusive towards me. I feel that it will be better for the both of us not be living under the same roof until our divorce is finalized. I was wondering if there would be any legal issues if i take my children with me to reno until our divorce is settled
2 Answers from Attorneys
It depends on what the custody order states. If you have sole custody, you can relocate the children to Reno, however, you must still comply with any visitation the father has. If you have joint custody, you must first get an order from the court allowing you to relocate the children to Reno.
If the divorce is pending and you are both living under the same roof, I am assuming you have not filed for a separate custody and support order. If so, but the divorce is on file, then you are subject to an automatic restraining order that prohibits you from taking the children out of the state, much less moving out of the state. You have to get the court's permission before you can leave the state with the children.
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