Legal Question in Family Law in California

I am getting ready to marry a lady in California that has a 11 year old daughter and a 14 year old boy. Their Dad lives in SanDiego about 45 miles away. I live in NC. They have joint legal custody. She however is the primary caregiver as he sees them only some weekends and keeps them for about 3 weeks in the summer. I am moving to Oceanside for a number of years to make it easier on the children. My job may require me to return to NC. If so he threatened to cut off child support and prevent them from leaving the state. Is this something he can do? We would only go back east if there were no other options for our work. We would go if she or I lost our jobs...we just could not afford to stay in California. What would the law say in this situation?


Asked on 10/30/09, 5:03 pm

1 Answer from Attorneys
Erin Levine Levine Law Group, LLP

I truly appreciate your willingness to place the children's interests first. If you need to move back to NC on account of employment, your (soon to be) wife will need to file a move-away request with the Superior Court that has jurisdiction over child custody. The fact that she has primary custody will significantly help her cause. However, the Judge's decision will not be quick and s/he will allow father to present his case to the Court. Regardless of the outcome of your case, Father would continue to be obligated to pay child support. If you would like to understand the legal process further, or request information regarding the burden of proof, please contact a local family law attorney or email/call my office for a consultation. Best of Luck!

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Answered on 11/04/09, 6:08 pm


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