Custody Case Pending... Can Ex Leave State with Our Child?

[mommy2amalia]

My ex and I have a custody case pending before the CA Apellate Court in San Francisco, CA, regarding our 26-month-old daughter. A few days ago, she left her job and moved to TX. Can she do this without consequences?

 

[carney]

You can go before the court and ask that the child have to return back to the original state.
She's not suppose to move unless she gives you 90 days notice of the move. That gives a person time to file with a court and protest if that parent doesn't want the child to be taken out of state. More often the judge will grant the move but you can still try. But she can't just move in the middle of a custody case.

 

[Duranie]

It is not going to look good for her to do that. She could be ordered back.

Since there is no custody order right now though, she can do that, but you also have equal rights to the child.

I would file for temporary custody asap. You might get it.

Do you have an attorney? What does he.she say?