Legal Question in Family Law in California

Re: Leaving CA for NJ

Have your custody order reviewed by an attorney. If nothing re you taking kids out of state, appears you may not have a problem.

Re: Leaving CA for NJ

He could obtain a stay of at least 30 days on removing the children from California, unless you currently have his permission, in writing. You need to get into court, immediately to get an order giving you permission to leave the state with the children. You are in San Diego County and it could reasonably take you 6 months to get an order stating that you can leave the county with the children. Also, there is a Supreme Court Case pending that may make it more difficult to leave the State with the Children. Good Luck, Pat McCrary

Reply: Leaving CA for NJ

I suggest that you consult with an experienced family law lawyer to have your underlying custody orders evaluated. 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

Re: Leaving CA for NJ

First he is not in California and will not return until December, as I understand your statement. If you leave California whom does he propose that you leave the children with? You have a legal duty to care for them. He has notice of your intent to move. Therefore unless there is a restriction in the custody order on moving you should be able to go without any problems.

You could ask him to put his demand in writing, and then use it later to show that he does not have the children's best interests in mind when he makes a decision. Write him a letter or better an email if you can stating your agreement and request his response in writing.

Having the custody order reviewed by an attorney would provide you with additional information and very probably a sense of security.