If I want to move to the other side of the state and take my child with me but my ex-husband won’t let me, what should I do?

Asked on January 27, 2013 under Family Law, California

Answers:

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

Answered 7 years ago | Contributor

It depends on whether or not there is a court order with respect to child custody. 

If there is no court order, then you can do whatever you want.

If there IS a court order and if you are the custodial parent (you have the children the majority of the time), then you have a right to move with the children.  See LaMusga, FC 7501.  However, in order to exercise that right you need to go to court and get a "move-away" order.  Move-away orders are not simple and even experienced family law attorneys mess them up. 

If there IS a court order, go see a local family law attorney for help.

Best of luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.