Legal Question in Family Law in California
Me and my husband are getting a divorce. He told me I need to leave the house because he is breaking the lease. He told me I can move out of state with our 3 year old son. I asked him to sign something saying he is ok with the move but he refuses. He said that he refuses to pay child support and if I file for anything he will make this whole situation bad for me. He has no relationship with our son and has never cared for or provided for him so moving out of state would not harm our child. I am worried that without legal papers saying he is approving us to leave he can wait until I leave and then file saying I kidnapped him or took him without approval. What are my rights? I do not care about child support or anything, I just want to move away with my son to where my family lives.
2 Answers from Attorneys
You are exactly right to be worried about that. You need to go through proper legal channels, and that means getting a court order permitting you to move out of state. Without a court order, he will have all kinds of legal ways to make things a mess for you if you leave without an order and take the child.
I agree. Before you move get orders in place. There is no reason you can't file for the divorce put in a Request for Orders that has the temporary custody, visitation, and child support in it. He really has no option to pay child support. It is a legal requirement. Let him tell a judge he refuses to pay child support in open court and see where it lands him.
Breaking the lease may not be smart given the damages under contract. You should figure out how to stay there, pay for it until the orders go through and then leave or wait until the end of the lease...
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