Legal Question in Family Law in California
I am residential custodial party of my two minor children. I filed for divorce in a certain midwestern state. The divorce was finalized some years ago and through court ordered mediation, ex-spouse and I agreed in our permanent parenting plan that our children and I would move to California while ex-spouse may live wherever he wishes. Though I am residential party, I also share 50/50 custody with this person. Without going into too much detail, I would like to mention that communication with ex-spouse is difficult at best because of ex-spouse's personal problems. I just recieved a job offer out of California that would require a hasty move, they would like for me to start work in two weeks ( this is very positive for the children as ex does not provide child support or health insurance). This would of course provide ex with less than the required 30 day notice. Please help I am struggling financially and I would really appreciate advice on how to proceed with a move, avoiding a negative response from ex and possible backlash.
1 Answer from Attorneys
If you are going to move you should always inform the other party in writing of your intention to move and request that any objections be voiced. If he lives out of state his visitaiton is already limited, so your move outside of CA may not impact his ability to visit much, since he probably visits little due to the distance. If your move was closer to him then he would have no reason to object since he could have more visitation. If the move was out of the country then that would be reason for him to say no.
You should always put those thingsin writing and request that he approve or object. If he objects and you decide to move anyways, then you run the risk that he may file paperwork ordering you back to CA
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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