Legal Question in Family Law in California
Moving with children out of State
I have a 3 1/2 year old daughter and I am 8 months pregnant with my second. The father and I of both children have never been married. We have joint legal custody of our daughter and he gets her a 2-3 days a week for visitation. He is also paying court ordered child support of $250/month. I work for the airlines and have already taken a 19% paycut after the airline I work for filed for bankruptcy. There is talk that we will be taking another 6% paycut on top of that. I can`t afford to live in CA anymore with this kind of income and want to move with my kids to Louisiana to my brother and his wife. My brothers wife is a stay at home mom and offered to help out with day care at no cost. I would be able to transfer with the company I work for to an airport in that city. I know I have to get the move approved throught the court, but I also know that my ex will put up a fight to keep me from leaving the State. Can he actually stop me from going?
2 Answers from Attorneys
Re: Moving with children out of State
What a court might decide depends on more details about your case than can be shared here. But the basis for that decision will be the court's interpretation of your child's best interests. A court would not literally prevent you from moving. However a court might decide that it is in your daughter's best interest to stay with her father in CA and not move with you. You need to consult with an attorney about the details of your case and what steps you need to take to handle it in the best possible way - especially for your daughter.
Re: Moving with children out of State
He can get an order that you not move the child from the State. There are numerous factors that the court will consider. At a recent seminar a judge listed 23 factors, but there are more. You should obtain a consultation with an attorney who is familiar with move-away cases. That attorney should be located and practice in the county in which your case is filed, knowing the judge is very important to give you advice on this difficult and many times expensive motion. Good Luck, Pat McCrary
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