Legal Question in Family Law in California
Can she move out of state?
My fiance's ex wife just told us that she is moving to Georgia. Both parents have joint legal and joint phsyical custody. Can she move out of state and take the kids?
The agrangement since the divorce has been the kids are with each parent every other day. It has been that why for four years. The children are boys 13 and 8.
2 Answers from Attorneys
Reply: Can she move out of state?
Without having reviewed the underlying Judgment, in general, you would ask the court to restrain the other spouse from changing the state of residence without first having a hearing as to the custody and visitation issues that arise from the threatened move away. At the hearing, the best interests of the children would be addressed, and custody and or visitation may be modified based thereon.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Can she move out of state?
if there is a court order in place currently regarding custody and/or visitation, there can be no unilateral modification of the court ordered arrangment by either ex spouse legally without an OSC hearing taking place beforehand to reflect the new change in circumstances. your fiance` would be VERY wise to consult with an attorney ASAP before this move takes place in order to begin protecting his rights ASAP before it may be too late. if your fiance` would like further immediate assistance in this matter, contact us asap today.
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