Legal Question in Family Law in California
Custodial Parent Moving
The mother of my children is moving to Minnesota for a job. Do I have any options to keep her from moving whenever she wants? I pay my child support and my kids stay with me almost every weekend but I don't have any court ordered custody other than the agreement that I have them for 20% of the time on my child support. If I don't see them the equivalent of 20% of their time, then my child support will go up. What's to stop her from moving away to collect more support? What do I do to make sure I stay in my daughter's lives?
3 Answers from Attorneys
Re: Custodial Parent Moving
This is a move away case. You will need to file an ex parte motion as soon as possible. You can find me at www.divorce-legal.com or by phone at 818.739.1544
Reply: Custodial Parent Moving
In a general sense, you need to go to court and obtain a restraining order preventing her from moving away with your children. This is a complex area of the law and requires an experienced family law lawyer to position yourself for success.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Custodial Parent Moving
Yes you have options but time is short. The court will prevent her from moving until there has been a full hearing on whether she can move. The time percentage on your child support order is not controlling but the actual facts of your time share is very important. Get qualified legal counsel on this. I need much more facts, including ages of the children and the ability for her to send the children back here to visit you. You have a good shot at preventing this move. Good Luck, Pat McCrary
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