Legal Question in Family Law in California

Can I move within the state without permission?

I temporarily don't have an attorney and need to know something as soon as you can possibly give me an answer, later today I hope. I have orders stopping me from taking my daughter out of state or country, but I want to know if I can move to a city about three hours away if I have to. My soon to be ex has not paid child support in over a year and my house is forclosing. I literally will end up living in my car if I don't leave now and go to family's house to stay temporarily, and look for a new more affordable rental while I'm there. Will I get in trouble? It will affect my ex's visitation because he would normally pick up our daughter at her school on Fri., but I would give him 24 hr notice and be willing to drive half way (gas is $). Would a judge see that as contempt? Wouldn't I be in more trouble if we stayed in my car? I've been in court for almost a year and my ex still hasn't paid support and the judge does nothing. My daughter has her own court appointed attorney; can he turn this around on me because my daughter has to leave her school temporarily or permanently? If my ex gives me some money, I could maybe come back and save the foreclosure This is a last resort; he won't help me and neither does the court.Legal?


Asked on 10/21/04, 8:18 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can I move within the state without permission?

Moving without an agreement or a court order is always risky business. Although the court order does not specifically prohibit moves within the state, moving to a town 3 hours away is a significant move. If your house is in foreclosure why aren't you selling it to get some equity out of it.

You could also request an ex parte order for a payment from him and upon his failure to make the payment with in 5 days that you are allowed to move to the new location.

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Answered on 10/23/04, 1:47 am


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