Legal Question in Family Law in California

moving from california to nevada

My husband and I have recieved jobs in nevada, we have a condo we have purchaced in nevada. We couldn't afford to stay in california. He is currently working and living in nevada and i supposed to be starting my job in about a month. I asked my ex(we were never married) if we could move and i would take her to see him on his weekends and he said no and we would have to go to court. what do we need to do? what forms are needed to file to move? I got a copy of the case file from when we set up the visitation and support but there is not a court order for visitation in the file. We were told that i had physical custody and me and my ex. had 50/50 legal custody. But there is no court order showing that. Is there any other papers that could be telling us what the visitation is without it saying that it is a court order? So do i even need to go to court? I have spoken with a paralegal and she said that there could be a court order that just isn't finished. Is there a way to find out if there is a court order that is not in the case file? It has been about 4 years since we had gone to court.

thanks for your time.


Asked on 9/13/05, 7:28 pm

3 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: moving from california to nevada

The best thing to do is go to the court and purchase an entire copy of the court file, including the "minute orders". Then, for a specific opinion regarding your individual circumstances, 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 by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/14/05, 11:14 am
Damian Nolan Law Offices of Damian M. Nolan

Re: moving from california to nevada

If your ex won't agree to the move ( which you indicate he will not) then you have no choice but to go to court and seek a 'Move-away' order.

This is probably the most contentious area of family law/child custody and is very complex. I very strongly advise that you utilize the services of an attorney to assist you. You will need someone in your corner who is conversant with recent case law in the area and who will be able to provide proper Points and Authorities together with cogent analysis of your particular situation for the court in support of your petition to move away.

If we can be of assistance, please feel free to call us at 562/ 601-8133 and ask for Pam. Pam will be more than happy to discuss the matter with you.

Regards,

Damian M. Nolan

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Answered on 9/14/05, 1:03 pm
Michelle Garmong The Law Office of Michelle Garmong

Re: moving from california to nevada

Move away cases are/were hot topics in 2004/05. See La Musga & Burgess cases (not all inclusive) and seek proper legal counsel if he is going to fight the move-away custody issue. It is my suggestion to be prepared/get counsel. Feel free to call 888-500-DIVORCE.

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Answered on 9/14/05, 1:25 am


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