Legal Question in Family Law in California

Re: Wife wants to take child and leave state

Dear Inquirer:

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relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Because there is no judgment yet, what you and your wife

can and can not do (including relocation) is controlled by the pendente lite

orders that the court has made (i.e., awarding joint

custody). To change or supplement those orders you probably do not need to

show a change of circumstances. You should be able to just file another

OSC re custody and child support.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Wife wants to take child and leave state

If there an order for joint custody then she will not be able to move with the minor without either a court order or your consent. She will have to file a motion with the court to obtain sole physical custody of the minor child first and then proceed to obtain permission of the court to move with the minor. Thus, she is the one who will need to request permission of the court. Further, if there is a change of circumstance then you may file a motion for sole physical and/or legal custody and I cannot advise you on the issue unless I have spoken with you in more detail. You may file a motion for arreages on the child care payments owed by mom or modification of support(if there is justification for the request) in order to stay or modify the wage garnishment. You may contact my office if you need assistance at 310-839-7700.

Re: Wife wants to take child and leave state

You need to file an OSC immediately showing changed circumstances warrentng a change in the custody order. You would be well served by obtaining representation. Please call me directly at (619) 222-3504.