Legal Question in Family Law in California
I have two young children (ages 6 and 3) and am getting ready to file divorce papers. I live in California right now but I wanted to move out of the state to be closer to family. Can I move before custody and the divorce are final?
3 Answers from Attorneys
Everything about ths answer depends on the type of timeshare dad has with the children. If there is a shared parenting arrangement and dad objects, you may be in for a fight concerning relocating the children out of California. I urge you to meet with an experienced family law attorney to explore your legal options.
Since you are just filing the petition for dissolution, I assume that you have no order. Technically, you have no restriction on moving the child prior to filing the action. However, the other parent can go to court an get an order for you to return the children to California. You may be able to get around that by getting written permission from the other parent. As soon as you file your petition there is an automatic restraining order that prevents you from taking the children from the state. A consultation with a family law attorney who had handled at least 10 move away cases in essential. You will then know what to expect.