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  1. #1
    Join Date
    May 2006

    Default Temporary custody order

    I have recently filed for divorce and at the same time had papers filed for custody. I am planning on moving out this week to a new apartment of my own so my child will be in a peaceful enviroment. However, I am anticipating problems with the move (only a few miles away) as my soon to be ex-husband will do things out of bitterness over me filing for divorce. Do I need to also file something called a temporary custody order to prevent him from not letting us leave. A UUCCJEA was filed with my divorce papers. It is my understanding that untill the papers I filed are returned or signed by a judge both of us have equal custody rights. Any advice is appreciated!

    I am a resident of the state of CA

  2. #2
    Join Date
    Mar 2005

    Default Re: Temporary custody order

    If there is no court order prohibiting you from moving with the child, you can move. Your ex, though, may attempt to get an order that the child be returned to the marital home. If you can get a temporary order granting you primary physical custody pending the completion of the divorce, it shouldn't be an issue. If you have not already done so, consider getting assistance from a family lawyer.

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