Legal Question in Family Law in California
Would my spouse be able to keep me in state after a divorce just to be near to o
I am active duty military and planned to go home to my home of record in Illinios in December, with my child, after I get out of the Marine Corps. My family lives in Illinios and my husband is from California. In the case of divorce I wanted to return home in order to recieve the support that I need to raise my child. My husband is also active duty and has a very crazy schedule day to day. He says that he can keep me here in California to be closer to our child spite the fact that he is barely ever home and goes out with his friends more than he is home with us. I feel that I will not recieve any help from him due to the fact that he has another child from a previos relationship, not marriage, that he pays child support for. And after 5 years he has not attempted to see the other child. I do not feel that I will recieve any help and/or support from him for our child and want to know if there are laws that can keep me here so the child is within so many miles from her father. I am willing to set up any kind of visitation and he will hear nothing but keeping me here and making me miserable. Can you please give me some advise on this? Your time is greatly appreciated.
2 Answers from Attorneys
Re: Would my spouse be able to keep me in state after a divorce just to be near
Assuming you will be the custodial parent, which seems likely given his active duty status and schedule, you should have no problem relocating. The issue is controlled by a CA Supreme Ct case called Burgess and Fam Code section 7501.
Re: Would my spouse be able to keep me in state after a divorce just to be near
He cannot keep you in California, but the court can order the child to stay in California, which I assume means the same thing to you. Obtaining an order to allow you to move from the State of California with the child, is not impossible, nor is it improbable, but it is not simple either. Talk to an attorney, because it looks like you will need one to get a move-away order. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
