am i in violation if i have not recieved a copy or been served with an injuction

Get Legal Help Today

 Secured with SHA-256 Encryption

am i in violation if i have not recieved a copy or been served with an injuction

i am relocatng to a new state and i gave my ex 30 day notice as it is required in our custody orders. his attorney left me a message saying he was going to file for an injuction preventing me to remove the kids from the state if my ex and i did not agree on visition modification. i have not received a copy or been served. am i in violation if i move forward with my relocation?

Asked on March 24, 2009 under Family Law, California

Answers:

S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

     Yes, if there are custody orders for the sharing of the children, a Family Law Court will view your unilateral decision to move away, as an obstruction or interference with his visitation rights.

     If the parents cannot come to an amended visitation plan, the Court will usually issue an injunction, preventing the moving parent from taking the children out of the jurisdiction, and setting a hearing date.

At the hearing, the Court will decide whether it is in the 'Best Interest of the Child(ren)' to allow the move.  

If the Court decides it is not in the best int of the children to have less regular contact with the non-custodial parent and lose their extended support group without any specific advantages to the children, the Court can switch custody of the children to the ncp and the cp is free to move without the children (the cp has a right to move freely, under the U.S. Constitution, but the children are under the jurisdiction of that State Court.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption