Legal Question in Family Law in California

Moving out of state

Boyfriend and girlfriend live in Washington, dating only 3 months. Girl gets pregnant. Moves away from male several times because she is scared of him and violent temper. Never lived with male for more than 5 months. Moved with child to Ca. Lives with child in Ca. and is now married and living with husband for 1-1/2 years. Went to court and won custody. Old boyfriend moves to Nebraska then Ca. then Wa. now Oregon & 8 jobs last year. Now he wants to go to court to lower support payments to make up for travel expenses. Will that happen? 2.Husband is from East Coast. Has huge family there and good job offer. He can better support new family. Can they move? If so any penalties?


Asked on 7/23/02, 10:08 pm

3 Answers from Attorneys

Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: Moving out of state

You can move out of state without any penalties so long as your court order does not prohibit you from moving out of state. Biological father can file papers for a modificatio of support payments, however it does not seem as if his reasons are valid and would justify such a change in circumstances.

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Answered on 7/26/02, 4:05 pm
Martin Lathrop Russakow, Ryan & Johnson

Re: Moving out of state

Mr. Johnson is correct. Given the facts as you have outlined them, it seems unlikely the father will be awarded any custody given his instability. Again you should consult with a lawyer reviewing all the pertinent facts so you can be fully informed as to your options-Martin

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Answered on 7/24/02, 6:00 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Moving out of state

You can move. Just give him notice of your intent to move and where you will be moving to. If he is a violent as you imply the child should not have visitation with father. In California child support is based on the gross, before taxes are deducted, and the amount of visitation. Oregon has its own procedure for determining support.

You should discuss you case with an attorney who can get all of the facts and fully advise you.

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Answered on 7/24/02, 1:38 am


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