Legal Question in Family Law in California

Ex planning a move out of state with our child
My ex-wife is planning a move out of state (California to Vermont) with our 6 year old daughter and her son from another marriage (she is in a custody battle in that relationship)

As part of our divorce we agreed to sign a (notarized) marital settlement agreement, and within that is a clause stating that one parent cannot relocate out of a certain area without written consent from the other parent. Custody was set at 51/49 physical and joint legal.

Since that time (2004) we have made a few changes in that agreement, but never amended the agreement. We have tried to keep our divorce very civil for the sake of our daughter.

When her current husband put himself into legal limbo, I willingly helped her out financially (at her request) to maintain her home for the last six months. In order for me to do so, I had to move from my home to another county, and give up some of my custodial time outside of our initial written agreement, in order to free up money to assist her.

By not updating our document when changes have occurred, does this now invalidate it? Because, I am not comfortable with her leaving the state with our daughter and giving me only 12-14 weeks visitation each year, especially when she is leaving due.

Asked on 4/25/08, 2:01 pm

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

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Re: Ex planning a move out of state with our child

An order is not invaild or considered modified until a judge signs a new one.

Answered on 4/25/08, 5:12 pm

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