Legal Question in Family Law in California
I am divorced, live in CA. Have two kids 8 and 11 years old and have joined custody. My ex-wife, who is USA citizen, (lives in CA as well), but was born in Canada, wants to move back to Canada with the kids. Can I stop her? I don�t want to loose my kids.
Asked on 3/01/11, 11:45 am
2 Answers from Attorneys
Isi Mataele
'Isi Mataele Attorney at Law
The presumption is that the primary custodial parent can move. The court must grant a trial if you contest the move.
Answered on 3/01/11, 1:30 pm
Tina Chen
Law Office of Tina Chen
The primary custodial parent cannot relocate if it will affect your visitation rights, which I assume you have since you have joint custody. If your ex has intentions to move back to Canada, you should file an OSC requesting a modification in custody and visitation. The Court then must grant you a trial if your ex intends to move the kids to Canada with her. Good Luck.
Answered on 3/02/11, 2:59 pm
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