Legal Question in Family Law in California
I am currently married and a have a 2 year old child. We live in California-Bay Area. I want to move back to Arizona, my home state and am currently looking for a job there. My husband doesn't want to move. Can i legally move there with my child once i find a job? What can i do now to avoid legal troubles later? Thanks.
3 Answers from Attorneys
Either parent can move anywhere with the couple's minor child(ren). However, if that and/or anything else precipitates a divorce, then for up to six months after the move, California will retain jurisdiction over the child and the California courts can order the child returned to California. The courts of any state would then enforce such an order. After the six months is up, the new state will have jurisdiction. However, a parent move away without court blessing is heavily frowned upon, as is anything that can be viewed as one parent trying to interfere with or diminish the child(ren)s relationship with the other parent. That can cut in favor of the other parent getting primary custody. So the safer course is to file for divorce and then obtain an order permitting the move.
Moving without court orders allowing the child to relocate to Arizona creates the risk that father could get court orders mandating the child's return to the Bay Area. Please meet with an experienced family law attorney to explore your legal options. I have a free initial consultation. My office is located in San Ramon. I have over 36 years experience practicing law.
It sounds like you are considering a divorce. If ao, you should file for a divorce and then consult with the court about acquiring an order to move to Arizona.