Legal Question in Family Law in California
Can my former husband move to another state?
Background: My former husband has full custody of my daughter. After my divorce, I became an alcoholic, and lost custody of my daughter. I have been sober for two years, and have been seeing a forensic psychologist and parenting coordinator. I see my daughter three days a week. SInce reunification with my daughter ( 2 years ago), we have a VERY tight relationship.
My husband has had various nannies ( mostly non english speaking), and currently the nanny caring for my daughter while my husband is working is a 20 year old man. I am a CPA , but I have taken the summer off to care for my daughter. I have enrolled her in various summer programs, piano lessons, summer school, tutoring, and Religious Ed for the Fall.
My former husband is a surgeon, and has been working in California. His contract is up, and he claims that he could not get a job in California, but has a new job in Texas. He claims that he is broke and can make more money there. He is fiscally irresponsible ( recently he lost his home due to foreclosure and he has not paid his income taxes for the past 5 years- IRS currently garnishing his wages) He owes me over $200,000 in alimony. I , along with the IRS, have a lien on a 1.2 million vacation property that he owns.
My former husband will not tell me anything other than he is moving with our daughter to Houston, Texas.
I have been informed that my former husband has the right to take my daughter out of state if he has a new job. I believe he is doing this partly so as to not be held responsible for paying the $200K in alimony he owes. Secondly, he has a girlfriend for the past three years. They are buying a new home in Texas together.
What are my options?
2 Answer from Attorneys
First, congratulations on your continued sobriety. The parenting issue you described is referred to a "move away" case. Your consistent parenting relationship with your daughter raises the question if it is in the best interests of your child to be relocated to Texas with her father. If you cannot resolve this issue by developing a visitation plan that can capture quality time with your daughter, then filing a motion to address this situation with the court and requesting that the child's residence not be changed pending resolution is an option. Your fact pattern also suggests that you should set the arrearages your ex owes for support and a specific payment plan for the arrears and ongoing support. This request can also be in your return motion.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
