Legal Question in Family Law in California
''Relocation of child''
Financially, I'm barely getting by even with the generous child support my ex-husband provides and would like to move back home to California and live with my mother where I can return to school full-time and she can care for my daughter while I am trying to finish my education but am afraid he will cease with child support and attempt to take my daughter from me, I want to know what both Washington and California law states and what my rights are before I make any decisions.
2 Answers from Attorneys
Re: ''Relocation of child''
You'll need to look at your parenting plan for relocation, generally you are allowed to relocate if you give sufficient notice of the relocation to the other parent and the court. the statue in Washington requires 60 days notice for out of state moves. however, he can and likely will contest the relocation in which case you will not be able to move until the case is settled, asssuming that he files an objection to notice of relocation with the court.
Re: ''Relocation of child''
Current (last 6 years or so)parenting plans require notice (and opportunity for hearing) before relocation. Failure to provide notice can result in new state not recognizing the move and the old state forcing you come back. Older parenting plans do not have this provision specifically noted, but unless they specifically address the issue of relocation, the new statute requiring notice and opportunity for hearing applies.
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