Getting a Custody and Visitation Orders Before Custodial Parent Moves

[larryw80]

State: CA

I recently broke up with my girfriend of 7 years. We have a 5 year old son together. We both reside in the same city. She has physical custody and since the end of the relationship I've been seeing him much less. Every other weekend for the past several months.

In the past couple of days I've been filling out all these forms so I can gain legal custody/visitation, however within the past 24 hours I heard that she planned on moving out of state with our son. I'll more than likely have no formal or informal warning of this.

Is there any way I can quickly file for temporary orders regarding custody and visitation in this situation? I don't know if her doing this would enable me to file some sort of Ex Parte order. I don't want her leaving the state between now and when she's been served. Possesion is 9/10th of the law, I realize this, but if she has this small window of opportunity then does that mean I'm completely fubar'd? And I'm not in a position to hire an attorney atm.

[Mr. Knowitall]

Start here.

If you have other financial priorities than hiring a lawyer, be aware that the consequence may well be that you end up paying child support while having long-distance visitation with your child in her new state of residence.

[Dogmatique]

OP, you can file an injunction - ex parte - which will prevent the other parent from relocating the child out of state until the matter has been decided in court.

Get. Thee. To. Court.

First thing Tuesday morning.