Legal Question in Family Law in California
My husband and I are married in the state of CA. We have 2 little girls and we are headed to divorce. When we divorce, I want to move back home to FL with my girls. I in no way want to deney him or the girls contact with each other. I want to make sure they have plenty of phone time, web cam time and of course vacations/visitions. I have been told laws have changed and I may not be allowed to move out of state with the girls. I am completely worried about this. Can you please shed some light on this and what my chances may be?
1 Answer from Attorneys
The laws have been evolving over the last 10 years because of court decisions. You will need your husband's approval for the children to move or an order of the court allowing the move. It is a complex issue for the court to decide and may depend on which judge is assigned to your case and will definitely depend upon the unique facts of your case. I have taught two seminars for attorneys in the San Diego East County Courthouse and can tell you that no attorney can give you a definite answer. Having handled many such cases the judges almost universally comment that this is one of the most difficult decisions that they must make. If your husband does not agree to the move, you should consult an attorney to proceed and make an informed decision.