Legal Question in Family Law in California

My ex and I are divorced in the state of IN. He moved to CA 6months ago alone. I took a travel RN job in CA because I was struggling and family is in CA. I have been here with my two kids since July. 4months. I want to move back to IN when my assignment is over ia a couple weeks and I have also reconciled with fiancee whom Id like to move in with. Can my ex stop me from moving?

Our custody arrangement is as basic as it gets. Its says Im primary legal and physical guardian and he has visitation. We agreed to joint custody. It doesnt get anymore detailed then that. We have never changed it since it was finalized. Nor in the state of CA.


Asked on 10/18/10, 3:50 pm

1 Answer from Attorneys

Theoretically if you are both still living in CA, and the children are living here with you, for six months from when the children first arrived here, he could petition to have the case moved to California. Prior to that this is entirely a matter under the jurisdiction of the Indiana courts and you would need advice from an Indiana attorney on what the courts there would do with his request that the children be permenantly moved to California.

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Answered on 10/23/10, 4:46 pm


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