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  1. #1
    Join Date
    Jul 2012
    Posts
    10

    Default Joint Custody and Moving

    My question involves a child custody case from the State of: California

    I have a current custody order which states I see the children 1st, 3rd and 4th weekends of every month (during the school year). My ex has told the children that he will be moving with them 400+ miles away. Which will make the current schedule impossible.

    Can he move within the state of jurisdiction and out of the county of jurisdiction without my permission and no court order? Will it be considered kidnapping if he does ?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,031

    Default Re: Joint Custody and Moving

    Will it be considered kidnapping if he does ?
    .

    No.

    Does your custody and visitation order say anything to the issue of a parent moving out of the area?

  3. #3
    Join Date
    Jul 2012
    Posts
    10

    Default Re: Joint Custody and Moving

    There is nothing in the current order about him moving. But if he does move and doesn't file to modify custody the current order still stands right? He won't be able to honor those orders if he moves.

  4. #4
    Join Date
    Jul 2012
    Posts
    8

    Default Re: Joint Custody and Moving

    Quote Quoting Ohyeathat
    View Post
    There is nothing in the current order about him moving. But if he does move and doesn't file to modify custody the current order still stands right? He won't be able to honor those orders if he moves.
    If he moves you should take it upon yourself to have the order modified. If there is no geographical restriction in place, as far as I know he is allowed to move anywhere. If he moves, have it modified and also request a geographic restriction be put in place.

    If you can afford an attorney, you could go that route and ask for a temporary restraining order preventing him from moving until the order is modified.

  5. #5
    Join Date
    Jul 2012
    Posts
    10

    Default Re: Joint Custody and Moving

    I can't afford an attorney.

    Shouldn't I modify it before he moves? When he seeks (if he does) to modify the visitation can I ask then to restrict him from moving?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,535

    Default Re: Joint Custody and Moving

    You can ask, yes. Whether or not he'll be allowed to relocate the kids, we can't guess.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Jul 2012
    Posts
    10

    Default Re: Joint Custody and Moving

    We have joint legal and physical custody. Does this make any difference ?

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