Legal Question in Family Law in California

My ex wife is trying to move our kids out of the county we both reside in. She is also trying to transfer them to a school in the county she resides in. We currently have 50/50 time with the kids, and joint legal and physical custody. What rights do I have in order to stop her from moving to a different county. When we first went to court months ago she mentioned moving, the judge told her she would have to come to court to see if the kids would move with her. She did not go to court and did not discuss the move with me prior to potentially moving.


Asked on 1/08/13, 2:47 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

Return to court on a motion to deal with this issue if you do not have clear orders preventing the move.

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Answered on 1/08/13, 8:09 pm

She can "potentially" anything she wants. What she can't do, as the court told her, is move without going back to court and seeing if the court will approve a move. If she actually moves without petitioning the court first, then you would have to look at whether it is a violation of the terms of your existing order - in which case you would file for her to be found in contempt of court and for emergency custody to you - or if the order is unclear, then you would need to file for a custody review to determine whether the move was proper. A court is not going to want to hear from you, however, if all she has done so far is "potentially" move. As for your rights, you really don't have rights - it's the kids that have the rights. If mom wants to move the court must determine whether allowing them to move with her and changing your visitation, or denying her the move unless she gives primary custody to you and visitation to her, is in the best interests of the child(ren). "The best interests of the minor child(ren)" is the key standard in all custody cases, including move-away determinations.

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Answered on 1/09/13, 12:36 pm


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