Legal Question in Family Law in California
family law
what do i do if i want to move out of state. but there is a court order. However, it's never been followed because we live in the same house.
not working out.
2 Answers from Attorneys
Re: family law
Talk to your spouse about moving out of state. If he doesn't want you to go, then you should go to court for a new order to show cause. It doesn't matter, in a sense, what the prior order was because no one is following it anyway.
Re: family law
You will need the permission of the other parenty or the court to move the children out of State. Whether a court would allow the move 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 request. Good Luck, Pat McCrary