Legal Question in Family Law in California
Ex moving out of country
My ex plans on moving to Canada, I have custodial custody of our two young children. Ex is very unreliable on the support payments as it is and will probably stop paying all together once the move happens. Do I have the right to refuse visitation if payments stop? Will filing for full custody be easier after the move? Ex would like the kids to visit in Canada, he is a flight risk, and our divorce decree states ex cannot take kids out of county in which ex lives. Can I deny the visit requests to Canada?
2 Answers from Attorneys
Re: Ex moving out of country
In California you cannot withhold visitation for failure to pay child support. Canada and the US have an agreement regarding collecting child support. I had a client who was taken to court for support of a child concieved in and born in Canada. You should contact the Family support division in the county of your residence and open a child support case. Once he moves to Canada the collection can be transferred there. There is no charge for this service.
Re: Ex moving out of country
Need to have all reviewed by an attorney to make certain protections in place and to review your order re custody/payment.
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