Legal Question in Family Law in California

parent relocation

Can a custodial parent move out of state with the child even

though there is a restraining order against the non-custodial parent and the divorce is not final?


Asked on 1/19/04, 12:54 am

2 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: parent relocation

I cannot quite understand why people do not directly seek the counsel of an attorney with something so very important. Too little info to answer your questions as written.

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Answered on 1/19/04, 11:30 am
Damian Nolan Law Offices of Damian M. Nolan

Re: parent relocation

In order to move out of State with your child you will need permission of the court. You need to file an Order To Show Cause seeking a "Move-Away Order. This is a very important action which should be accompanied by proper Points and Authorities. If it is not you seeking to move, then the other party should file the motion and you will need to file a proper opposition. The above actions require expertise and I strongly suggest that you speak with an attorney. Regards, Damian M. Nolan.

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Answered on 1/19/04, 12:09 pm


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