Legal Question in Family Law in California

soon to be exwife wants to move out of county with kids

We have an unsigned MSA stating I get the kids friday am to monday am. She found a better job out of county and wants to move the kids from their schools and extended family and friends. It is a two hour drive from where i live. The MSA as written does not officially name her or myself the custodial parent. Because of time away for her business i take the kids while she is away. Our time with the children is 50/50 in the course of the year.

What are the chances the court will side with her to move away from the kids hometown of san diego?


Asked on 6/07/07, 7:05 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: soon to be exwife wants to move out of county with kids

At first glance I would say that it is unlikely, but that does depend upon the judge. That is a difficult question to answer since there are many factors that go into a judges decision to allow a parent to move away from the other parent. You are best to talk with an attorney who handles child custody matters who can go over all of the factors and the tendencies of the judges in your county. I recently taught a seminar to attorney's on move away requests and can tell you that many no one should give you a straight yes or no answer to the question, but they can give you some good direction and preparation for the requests. If she thinks she is going to move in the next two months she is sadly mistaken. You should file a motion to request that she be prevented from moving before she attempts to just up and move.

Good Luck, Pat McCrary

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Answered on 6/07/07, 7:58 pm


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