Can I move my kids out of state without it being a legal battle?

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beerygood13

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I currently live in San Diego, California. My ex-husband is living in Michigan attending medical school. He is in school through the Navy and it is not guaranteed that once finished he will be stationed in California. California is the state where we resided and filed for divorce. The problem is that I am completely destitute and as of December 10th I will be homeless. I have two children ages 8 and 9. One has special needs but all of his needs will be able to be met in Utah. I need to move to Utah because that is where my family is and I could live free of charge and get my debts paid off and become stable again. I had told my ex previously that I did not want to leave California. His family is here and he likes that they help with sitting and such but they cannot help me with money and they cannot give me a home. I know that my ex will be very unhappy about my decision to move to Utah, as he has control issues. I need to know if he has a right to fight me on the move being as he lives in Michigan. In our court paperwork we agreed on joint custody and I obviously have physical custody. We filed in San Diego and it states children's place of residence as such. Can I move?? I have no other options and I just will not live with ex-in-laws, which is something I'm sure he will insist on.
 
I currently live in San Diego, California. My ex-husband is living in Michigan attending medical school. He is in school through the Navy and it is not guaranteed that once finished he will be stationed in California. California is the state where we resided and filed for divorce. The problem is that I am completely destitute and as of December 10th I will be homeless. I have two children ages 8 and 9. One has special needs but all of his needs will be able to be met in Utah. I need to move to Utah because that is where my family is and I could live free of charge and get my debts paid off and become stable again. I had told my ex previously that I did not want to leave California. His family is here and he likes that they help with sitting and such but they cannot help me with money and they cannot give me a home. I know that my ex will be very unhappy about my decision to move to Utah, as he has control issues. I need to know if he has a right to fight me on the move being as he lives in Michigan. In our court paperwork we agreed on joint custody and I obviously have physical custody. We filed in San Diego and it states children's place of residence as such. Can I move?? I have no other options and I just will not live with ex-in-laws, which is something I'm sure he will insist on.

Based on your post it is unlikely that a court would deny your move with the children. Dad isn't a resident of Cali and he is the ONLY person that can legally contest it. Since you have legal orders in Cali you should (really should) get permission from the state to move. If Dad isn't deployed then this shouldn't be a problem. Be prepared to pay for at least half of the transportation for the children to visit with their father. You should also figure out a FAIR long distance parenting plan (with web-cam "visits") so that the children will not miss out on ANY time with their Dad.
 
Thank you for the advice. Would you be able to tell me how to go about filing with the court? San Diego courts are insane and it is extremely difficult to get legal advice from the court. I would love to just be able to go in and file paperwork without having to wait 4 hours to maybe get help.
 
Thank you for the advice. Would you be able to tell me how to go about filing with the court? San Diego courts are insane and it is extremely difficult to get legal advice from the court. I would love to just be able to go in and file paperwork without having to wait 4 hours to maybe get help.

I;m sorry...But I am not able to help you with that. I do know of a Cali Court Clerk (Family Court) that post to another site..But don't know if this forum would find it acceptable to refer you to another site. Let me inquire with a Mod and get back to you...Okay?

If it takes a bit you could start by looking up the Rules and Procedures for the court in question...If you are filing pro se this is info you will need anyway.
 
You can't take the children out of the state without an order of the court. The court is likely to grant you one, even on an emergency basis if you can show that it is in the children's best interest to do so. You will likely be responsible for the travel expenses when your children visit their father.
 
Court clerks are not allowed to give legal advice at all. I would go to legal aide.
 
Court clerks are not allowed to give legal advice at all. I would go to legal aide.

Well...None of us are personally "allowed" to give legal advice. But in this site and others like it, it is allowed on open threads. I wasn't suggesting that I refer OP PERSONALLY to a court clerk...just another site like this one where a VERY KNOWLEDGEABLE Cali court clerk posts. ;)
 
Well...None of us are personally "allowed" to give legal advice. But in this site and others like it, it is allowed on open threads. I wasn't suggesting that I refer OP PERSONALLY to a court clerk...just another site like this one where a VERY KNOWLEDGEABLE Cali court clerk posts. ;)

I was referring to the line where the OP said, "San Diego courts are insane and it is extremely difficult to get legal advice from the court." Not to your advise Bay. I was just explaining why she was finding it difficult to get legal advice from the court. They won't/can't give legal advice.
 
I was referring to the line where the OP said, "San Diego courts are insane and it is extremely difficult to get legal advice from the court." Not to your advise Bay. I was just explaining why she was finding it difficult to get legal advice from the court. They won't/can't give legal advice.

Ahhh...okay...sorry
 
Try looking at the legal aid website for your state. For Georgia it says this:

Can I prevent the other parent from moving?



No, unless they are moving to another country. A parent is free to move where he or she wishes within the U.S., but the move could be a material change of circumstances that would allow the other parent to file an action for modification of custody or visitation. Unless the custody order states otherwise, the parent who is moving must give the other parent 30 days notice. This 30 day time period gives the parent who is not moving time to file an action for modification.
 
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