How can I stop my husband from relocating out of state with our children?

My husband and I have been separated for 2 years now, and his family is talking him into relocating to another state. He is brainwashing my 13 year old boy and 15 year old daugter that he isn’t leaving without them. Since to them, it’s a “vacation spot”, they of course want to go. He doesn’t pay child support and he doesn’t help with paying for their braces or any expenses but he wants to waltz in and take the kids away. We get along for the most part but he is forcing me to file for divorce.

Asked on July 22, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If you file for divorce you can ask the court to prevent removal of the children.  You would want to try and get a temporary custody order, temporary spousal support, and try and get the court to order your husband to pay all or part of your attorney fees (that's a possibility).

Move-aways are complicated. They usually don't arise in this context, but usually come up later on after a custody order is already in place.  Filing for divorce before he moves is going to help you tremendously.  Under Family Code 7501, a case called Burgess, and a later case called LaMusga v. LaMusga, parents have a right to move out of state with their children and a court has to balance the harm to the children (via loss of your custody) against the harm to the children (via loss of his custody if he moves away).

You really need to see a local family law attorney because this is not going to be a simple matter.  If you are in the Ventura County area, feel free to contact me.

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