What to do about child custody if I want to move to another state?

The father of my children tells me that I have to be with him or he is going to take my children. We have a child custody order for joint physical and joint legal but I have the children all day every day. I feel he is using my children to be with me and I don’t want to be with this man. I would like to get full custody and move out of state when my immediate family lives but I don’t know how to go about doing this. is there any information you can give me to help me with my situation?

Asked on November 16, 2012 under Family Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you wish to move to another state with your children where there presently is a joint physical and legal custody order in place between you and your children's father, I suggest that you consult with a family law attorney to give you proper guidance with respect to how you should proceed in getting an order from the court allowing you to take your children on the intended move.

I suggest that you will need to file a petition with the court seeking what you want and serve it upon the children's father.

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