Legal Question in Family Law in California

Moving out of state with the kids

I live in California, my ex-husband and I have joint custody of our three

children, but they are with me 80 percent of the time. My boyfriend lives

in New Jersey. I want to marry him, buy a house and move to New Jersey

with my children. My ex-husband will not agree to this. Can I go to the

court and modify our divorce agreement to allow me to move out of

state with the children? Do I stand a chance of winning? All parties are

financially solvent.


Asked on 12/03/03, 12:02 pm

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Moving out of state with the kids

The answer to both of your questions is yes. That having been said, move away cases can be difficult. Your chances of success are enhanced by your 80/20 time share.

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 family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/03/03, 12:50 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Moving out of state with the kids

I do believe the court will assist you in this. I would recommend you retain counsel to assist you so you do not give away anything you do not need to just wanting to get this done.

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Answered on 12/03/03, 2:37 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Moving out of state with the kids

absolutely, your ex has no power in dictating to you where or where you can live or relocate. further you have constitutional protections, especially in respect to the right to travel here that would allow you the same rights under the judicial system. thus, you should definitely set up an OSC hearing to get your legal issues modified based upon a pending change in circumstances. its a fairly painless process and can be done expeditiously so you can relocate legally without repercussions. however, there could be some custodial or visitation modifications your ex is also entitled to since you would be the one moving the children out of state, such as you possibly having to pay for them to visit him thereafter, etc..if you would like a free phone consultation regarding this legal matter, email us directly with your contact information today.

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Answered on 12/03/03, 3:09 pm


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