Legal Question in Family Law in California
I am a single mother who has temporary full custody orders of my child. I have a court date set on December 2nd to establish custody. The temporary court orders also state that I must not remove my child from the State of California.
However, due to my unfortunate circumstances, I have to move to Montana where my entire family lives before the court date on December 2nd. My current husband just filed for divorce and wants me and my daughter out of his house immediately. I am unemployed and not financially able to afford to survive on my own in California.
1 Answer from Attorneys
Your husband cannot force you to leave the house. Also, as there is a court order, you are prevented from leaving the State with your child. The only other recourse you would have is to file an Ex-Parte, emergency, request to ask the court to allow you to move with your daughter due to the hardship imposed on you by your husband. Unfortunately, this is the type of matter for which you really should have an attorney. Good luck.
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