Legal Question in Family Law in California
Moving Children away from California by ex, can she?
Former spouse returned to California July 2000 from Texas. We returned to court for modification of visitation and of course child support. She now wants to leave again with my children to the State of Texas. Can she take them? Ages of kids 13 and 15. Does she have to notify me? Can I stop them from leaving?
1 Answer from Attorneys
Re: Moving Children away from California by ex, can she?
If you went to court and have a court order for child sharing, it probably contains an order that neither party move the residence of the children out of California without the written consent of the other party. If that provision is in the order she must get your consent or file a motion with the court to receive permision to leave the state. If that provision is not in your court order, you will need to file a motion to prevent her from leaving. You have a right to stop her from leaving with the children, for a period of time, while the court has an opportunity to make a decision on whether she can move. If you will fax me a copy of the current court order for child sharing/visitation I can tell you what your next move is. My fax number is (619)589-8577. Good Luck, Pat McCrary