Legal Question in Family Law in California
I'm a divorced single parent who has legal and physical custody of her 10 and 13 year old children. I want to pursue a graduate degree that will take me overseas to China for 12 months. It's a study and work program. I would like permission to take my kids with me but I don't know what I'm suppose to do legally to allow this. Do I need permission from the father? He currently has 8 hours custody a month and cancels most visits and he does not pay child support. I have already obtained their passports and did not need the fathers permission. I really appreciate your help with this matter. Thank you.
3 Answers from Attorneys
You are taking a great risk leaving with the children without the fathers kniwledge or consent. The safest approach is to file a motion with the court permitting the move to another country.
I would agree with the other attorney. But, if not that, then at the very least, send the father a written notice at least 30 days prior to your intended day to go to China. I would send it registered mail return receipt requested. You could also send him an email along with a text message to ask him to discuss the matter with you. A lot depends on your time frame. I would suggest though that if you go to court you find an attorney who specializes in family law to assist you. Good luck.
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