Legal Question in Family Law in California

Leaving the State with Child after filing

I am from Florida and moved to CA when I met my now husband. We married 12/97 and now considering divorce. We have a 1-1/2 yr old and if we would split, I would move abck to Fla. Will I have trouble doing this? Could he prevent me from this? I have no one here! Plus I have been a housewife/stay-at-home mom and could NOT afford to live here alone. How much ''power'' does he have since he makes the money? Should I be nervous about this decision?

Any info would be greatly appreciated!


Asked on 3/06/01, 8:41 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Leaving the State with Child after filing

Under CA case law, the "custodial" parent would be allowed to move with no questions asked, unless it was against the best interests of the child or the move was simply to interfere with the other parent's visitation. See In re Marriage Burgess.

As far as him having the "power" bcz of his money, the court will give you some of that money for child and spousal support, as well as attorney fees.

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Answered on 5/11/01, 11:36 am


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