Legal Question in Family Law in California

My husband served me divorce papers. We have 2 kids 7 & 4. He has asked me to move out. I have been the primary care giver. Can I move with the children with in the county but change their school district?


Asked on 9/03/10, 10:56 am

2 Answers from Attorneys

If you have been the primary care giver, and particularly if you are a stay-at-home mom or only work part time, you should respond with an immediate emergency temporary motion granting you occupancy of the family home. The kids should not be uprooted from their home just because dad wants to leave mom. The court will let the kids stay put with whichever of you is best suited to care for them until more difinitive hearings can be had and orders issued.

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Answered on 9/08/10, 1:11 pm
PATRICK MCCRARY PATRICK MCCRARY

You should not move out, unless you want to move out and have a place to go. I would suggest that your get the advice of an experienced attorney before moving anywhere. If you want to move and get his consent to change schools it may be a good move, but more information is needed before you make a decision. If he doesn't consent to the change of schools you may be creating problems for yourself. I will be in the office all day tomorrow. Tell my staff I offered a free office consultation. Good Luck, Pat McCrary

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Answered on 9/08/10, 3:44 pm


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