Legal Question in Family Law in California
Me and my ex have joint custody 50/50 of our 2 year old son Jason. Now, I am engaged and will be relocated to Atlanta,Ga. My ex mother is making it difficult for me to move. My ex and I have written agreement that we will continue sharing time and make arrangement for him to travel back and forth. My question is can I re modified our custody paper? Can I open a case in the state of Georgia?
2 Answers from Attorneys
You need to make a motion to modify your current order to conform to the agreement you have with your ex about how custody will be handled after you move. Otherwise the ex or their mother can mess with you at any time by accusing you of not following the order. There are forms available online to apply to the court to modify a custody order. Look under "forms" on courtinfo.ca.gov
If you and your ex can reach an agreement regarding you moving, you can file a Stipulation and Order to Modify Custody/Visitation. This will ensure that the Order with the Court matches the agreement between the two of you. Also, you cannot open a case in Georgia. California has jurisdiction over custody issues until you file a motion to transfer venue and it is granted by the Court in California.
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