Legal Question in Family Law in California

Re: Leaving Husband and moving from Ne w York to California and taking Children

The New York Court of Appeals has ruled that a court faced with this type of question must take into account all relevant factors, including each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements. The Court stated that "In the end, it is for the court to determine, based on all of the proof, whether it has been established by a preponderance of the evidence that a proposed relocation would serve the child's best interests." Jeremy Morley 888-393-1923

Re: Leaving Husband and moving from Ne w York to California and taking Children

In plain english, no, you cannot just move your children to California without your husband's permission. You can ask for his permission, and you may get it. If you take the children without his knowledge or consent, it is parental kidnapping, and there could be some serious repurcussions.

If he will not give his permission, you will have to file for divorce, and ask the court to determine what is in the best interests of the children. You will have to stay here until that determination is made. As you can imagine, it will not be something that will be resolved quickly or easily. If there is any way you can get him to agree to the move, you will save both of you heartache, time, and legal bills.

Re: Leaving Husband and moving from Ne w York to California and taking Children

The Court can never stop you from going

If there is no outstanding Judgment of Divorce

or Family Court Order prohibiting the move

then there is no illegality in making the

move

However, once the move is made, the Cal

Courts will not hear any cases about custody

for probably a year. The only Court

which will listen to any cases for that year

will be NY where the Husband remains.

If the move was made solely to defeat

the Husband's rights to visit with the children

and have contact with the children, the

Court will grant custody to the Husband

and the children will be returned without you

Hire a lawyer and make the transition legal before

the move through either a custody/visitation

decree in Family Court, a Separation/Divorce

Decree in Supreme Court, or by written

agreement with the Husband.