Legal Question in Family Law in California

having joint legal & physical custody & wanting to move out of state to be remar

My ex-husband and I both share legal and physical custody of our 2 children. About 1 1/2 yrs. ago he was given primary parent due to my work schedule and him being remarried. Due to abuse by step-mother with one of my children, I filed court papers and got temporary custody and we were all ordered to go thru psychological assessment and mediation. After this assessment I was awarded to be the primary parent with him having certain visitation. This new court order also stipulates that neither one of the parents can move the childrens residence from the county. This happened within the last 4 months. My fiance lives in another state, which we will be living in, and as we are planning on getting married soon I need to know how this can be changed so that I may take the children with me. My ex only takes them with him when the court order says that he must and he spends very little time with them even when he has them. As my ex now pays child support in California, if I move to another state, which state has priority on the child support.


Asked on 5/07/01, 1:03 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: having joint legal & physical custody & wanting to move out of state to be r

If you are the primary custodial parent you have the presumptive right to move, but you need the consent of the court. He cannot prevent you from moving unless he finds "detriment" to the children by making the move. That leaves a lot of room for the judge to make a decision. You need an attorney on this, unless your ex will agree, in writing, to the move. If there is a California child support order, California will continue to have jurisdiction over child support, as long as he lives in California. Good Luck, Pat McCrary

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Answered on 6/23/01, 3:00 pm


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