Legal Question in Family Law in California

Can I move out of state?

I have a disabled child and I have full custody and my ex & I have joint legal custody. I have our son 95% of the year.Due to economic factors we are looking to relocate to my current husbands home state in Wisconsin. It looks as if I can be a stay at home mom with the kids. I have 2 small children with my current husband.

No where in the MSA does it say I have to remain in state. It just says I have to give him 30 days notice of moving. What are the problems that can come up if I sell my house and then tell my ex we are moving?


Asked on 3/26/04, 2:10 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Can I move out of state?

There are some procedural nightmares and problems if you do not get permission from the court, either by agreement or motion, prior to making the move. State statute mandates a 30 stay upon request of the non-custodial parent, after the court makes an order, on any order allowing a parent to move from the state with a minor child. So potentialy, you could give 30 days notice and the day before you move get served with an order restraining the move. It will take a minimum of 30 days to get permission from the court and then wait the 30 day stay after the judge makes the order. Prepare a written stipulation with the other parent that is made a court order by the the judges signature after submission to the court. If he will not sign file your motion immediately. This may be done quickly but it also may take many months to obtain the approval. You will most probably obtain the approval of the court, but it could take months. Good Luck, Pat McCrary

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Answered on 3/26/04, 2:50 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: Can I move out of state?

YOU REALLY SHOULD START DEALING WITH THIS MATTER NOW. OBVIOUSLY, I DON'T KNOW WHAT YOUR RELATIONSHIP IS WITH YOUR EX-HUSBAND, BUT WHY NOT TELL HIM ABOUT YOUR PLANS TO LEAVE THE STATE AND ASK THAT HE AGREE TO THE MOVE BY WAY OF STIPULATION. IN THAT WAY, IT'S EASIER AND FAR CHEAPER FOR EVERYONE AND YOU CAN ARRANGE BETWEEN YOU WHAT VISITATION HE WILL HAVE.

IF THE FATHER IS NOT AGREEABLE TO THE MOVE, THEN YOU NEED TO FILE MOVING PAPERS WITH THE COURT FOR A MOVE-AWAY ORDER. BASED UPON CASE LAW, MOST NOTABLY, THE MARRIAGE OF BURGESS (WHICH IS PRESENTLY BEING CHALLENGED, BUT IS STILL GOOD LAW) IT IS VERY LIKELY THAT THE COURT WILL ALLOW YOU TO MOVE. HOWEVER, IT TAKES TIME TO HAVE THE CASE HEARD - HENCE THE FIRST STATEMENT - START NOW.

IF YOUR EX-HUSBAND DOES NOT AGREE TO THE MOVE, AT LEAST YOU ARE FOREARMED AND CAN PREPARE FOR THE BATTLE, AND IN THAT CASE, I WOULD STRONGLY ADVISE THAT YOU RETAIN THE SERVICES OF A FAMILY LAW ATTORNEY TO ASSIST YOU - IT WILL BE MONEY VERY WELL SPENT.

I HOPE THE FOREGOING IS HELPFUL AND I WISH YOU AND YOUR FAMILY GOOD LUCK AND GOOD FORTUNE IN YOUR NEW HOME.

REGARDS, DAMIAN NOLAN.

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Answered on 3/26/04, 8:57 pm


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