Legal Question in Family Law in California

Reply: Moving out of state

In a general sense, the correct way to do this is to file an OSC seeking a modification of the order that restrains you from moving. There may be issues regarding service of process if you don't know where to serve him at, so you may have to serve him by publication.

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 at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Moving out of state

It is a cardinal rule - do not take matters into your own hands, especially when it involves you breaching a court order.

Although you may well "get away" with it due to the absence of the father, you never know if the father will return and accuse you of contempt or kidnapping. In that case, you are left having to defend yourself in court. As you probably know, an ounce of prevention is better than a pound of cure.

You need to file a motion for a "Move Away" order and there is no reason that you should not be successful. However, I strongly advise that you retain the services of a competent Family Law attorney to assist you. The legal fees will be money well spent and you will have peace of mind.

If we can be of assistance, please feel free to call. But in any event, I wish you and the children all the best.

Regards, Damian Nolan.

Re: Moving out of state

You should file a motion requesting that you be allowed to leave the state. Leaving the state without this order, while possibly posing little risk due to the lack of contact, could result in problmes later. This could cost more than going to court now.