Legal Question in Family Law in California
Can I move out of the two counties that child custody agreement states if my husband is relocated for a better job? Do I have to notify him by certified mail prior to the move or do you recommend scheduling a court hearing prior to the move if possible?
2 Answers from Attorneys
Relocating with children after a court proceeding may be difficult. You need to consult with an attorney to review your papers and give you specific legal advice.
If you have a custody agreement that has been turned into a court order or judgment, that requires you to maintain a residence for the children in one of two counties, you will be in contempt of court and jeopardize your custodial rights if you move to another county without a court hearing granting you a modification of the existing custody order or judgment. When my ex moved from Alameda Co. to Marin Co. thinking she could get additional custodial time, we went from 50/50 to 79% me, 21% her when we finally got to court, because she had violated the existing order before seeking a modification.
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