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Petitioning to Move Out of the State During Custody Litigation

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  • 07-25-2014, 12:43 PM
    cloving
    Petitioning to Move Out of the State During Custody Litigation
    My question involves a child custody case from the State of: California

    Mother of 10 year old has filed a custody order for legal and physical custody with establish visitation for the father with a request to leave the state of California. Mother is single and cannot afford to provide the quality of life as a single parent and does note have familial support in the state. She wants to move back to her home state where she has financial and emotional support of mother and extended family. Child has had regular weekly visitation with the father. There are no custody or child support orders in place. Mother filed for an order...father contested and filed an order claiming mother was a flight risk and filed his own order for legal and physical custody. Court date was set but mandatory mediation date set for 2 months after court date. Mother cannot afford to remain in the state that long. What are her options? Can she petition the court to allow her to leave the state and return for mediation and court date?
  • 07-25-2014, 12:50 PM
    cdwjava
    Re: Mother Never Married - Petitioning to Leave the State
    Does the court order specifically prohibit her (you??) from taking the child out of state?

    I have seen these before and it can be very possible to request that you be permitted to depart provided you agree to return for the appropriate hearings.
  • 07-25-2014, 02:33 PM
    Dogmatique
    Re: Mother Never Married - Petitioning to Leave the State
    On the other side, I've seen orders restraining the parent from relocating with the child for the entirety of the matter, and moreso if the other parent is actually filing for full custody, too.
  • 07-26-2014, 12:31 PM
    tex11
    Re: Petitioning to Move Out of the State During Custody Litigation
    Quote:

    Quoting cloving
    View Post
    ...Mother of 10 year old has filed a custody order for legal and physical custody with establish visitation for the father with a request to leave the state of California...

    Mother should have consulted with attorneys PRIOR to filing any such actions on her own, as an attorney may have recommended a different and possibly better course of action. Going forward, mother should retain an attorney if she does not have one.
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