Legal Question in Family Law in California
I had separated from my ex-boyfriend 5 years ago, we have a 7 year old daughter in common,as agreed between the both of us with out court I have had custody of my child in this case since her birth and still maintain 65% of custody and petitioner has 35% time with our child . There has not been any issue with the shared time, but now he is asking for full custody, I had plan before to move to different estate (Giorgia), but now he open a case, I have court on march 2013, what happen if I decided to move different estate without his consent, need your advise help please.
1 Answer from Attorneys
If you have been served with a Summons and Petition (the documents that begin a court case), then you are bound by the standard family law restraining orders on page 2 of the Summons. Specifically, you are restrained from removing the child from the State of California without a COURT ORDER or the express written consent of the father. It sounds like you have neither. If you move out of state without his permission or the approval of the court, you are in violating those restraining orders I mentioned. You should really discuss your matter with a family law attorney in your area.