Legal Question in Family Law in California
Moving out of state?
I have custody papers that state I have sole legal/physical custody of our 3 children. I want to move to Arizona strictly for affordability and his mother is there to help with the kids while I work and go back to school.Custody papers say he has visitation 1st and 3rd weekends and a few holidays.All visitation is stipulated upon him drug testing and with supervision.He has failed to drug test and has not attempted to set up the supervised visits.I am filing for default in the next few days as to his unresponse to the petition and summons.what can I do?Can he stop me?
1 Answer from Attorneys
Re: Moving out of state?
Set the matter for a default hearing and a motion to allow you to move. You will have to have him personally served with the motion. Support your motion with a declaration that he has not followed through with visitation, and that the move will assist you in going to school and working. A proposed visitation plan would be helpful. The visitation would be in Arizona and supervised for at least 6 consecutive scheduled visits, with at least 6 consecutive months of clean drug tests.
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