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?
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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 11 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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