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


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.

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