Legal Question in Family Law in California

Move away to another state w/ child

My husband and I are separated. I want to leave the state to live near family and not have to work two jobs to maintain my home. He is in the military and is unable to share custody. We agree that I should have full custody. However, we have not yet filed for divorce or legal separation. Which is easier to do in order to move out of state sooner? I dont think that he would agree to the move. Does he have to? We were married in California and have lived together 9 mos of the child's life. She is now w/ me and was wit6h me during the time were werent together. He has only seen the child four times w/ me present while we have been seperated since OCT 2, and not at all on his own. Its been me picking him up and us having lunch or dinner or shopping.


Asked on 11/22/00, 3:22 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Move away to another state w/ child

It depends upon where you are moving. All States require you to be a resident for a certain period of time before you will be allowed to file a divorce action in that State. I recommend that you file in California immediatly for a dissolution of marriage and child custody and support.

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Answered on 11/29/00, 5:54 am


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