Legal Question in Family Law in California
Can he make me stay and take everything we have, including child
My husband and I are going through a divorce and he continously threatens that he can legally make it to where our child and I can not move out of the state of California. The divorce and custody situations are not yet final and our child is living with me. I was just curious if he is able to do what he threatens?
2 Answers from Attorneys
Re: Can he make me stay and take everything we have, including child
He can't make YOU stay anywhere, but he can seek to have the children remain. Of prime importance will be the timeshare. If the children are with him less than 40%, you are arguably the sole "custodial parent". The less the children are with him, the greater is your right to move with the children without having to start all over on custodial issues. The lead case is In re Marriage of Burgess.
As far as property, the community property and debts will be divided equally, period.
Reply: Can he make me stay and take everything we have, including child
You may need to obtain the Court's permission to move with the children out of state, as doing so dramatically effects the parenting plan. Recent case law has made it easier to obtain judicial consent. You would have to refer to the existing court orders to detrmine if there is a restraining order preventing you from moving with the children without judicial consent, and or notice requirements.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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