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  1. #1
    Join Date
    Nov 2010
    Posts
    6

    Unhappy Moving Away W/ Kids

    My question involves a marriage in the state of: California
    I have just filed for divorce against my abusive husband in California. We have two young children together and I would like to move out of California to the east coast. My ex is active duty military and is stationed in Georgia, but currently deployed to Iraq. I requested a move away order when I filed for divorce. Since he is in the military he can file for the Soldiers and Sailors Civil Relief Act, which is fine but I need to know if that will put my move away order on hold as well. Also, is it likely that California will grant me my move away order since he doesn't even live here and I would be moving closer to him anyway? This whole process has been exhausting to say the least.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Moving Away W/ Kids

    That will put EVERYTHING on hold until he returns.

    You said Dad is stationed in Georgia - does he still maintain legal residence in CA?

  3. #3
    Join Date
    Nov 2010
    Posts
    6

    Default Re: Moving Away W/ Kids

    Yes his legal residence is California. So there is no way to requst a move away order separate from the divorce? Otherwise I will just drop everything here and move and file in the state I am moving to.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Moving Away W/ Kids

    You would have to be a resident of that state for a certain period of time before you could file anything.

    It is NOT recommended that you relocate the kids without permission from either him or the courts.

    Is there any particular need to rush the move?

    Have you actually tried to contact your husband? It would be MUCH easier if he would agree.

  5. #5
    Join Date
    Nov 2010
    Posts
    6

    Default Re: Moving Away W/ Kids

    We need to hurry and move because we don't have a stable home here in California and I cannot find any work to support our two children and my ex won't pay any more tha $700 a month for support even though hewas our sole source of income the entire marriage. Where we are moving we have a stable home and I already have job interviews lined up. He is a control freak, a raging alcoholic, and physically abusive. I cannot reason w/ him. He doesn't want us to move, but only because he sees it as a way of getting back at me for leaving him. He's not even located in California, he's on the east coast anyway but as long as I'm stuck in California then I'm struggling badly and likes the idea of that.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Moving Away W/ Kids

    Here's the problem.

    He obviously can't take physical custody while he's deployed, which would ordinarily mean that the courts would have little option but to allow the relocation. However, if he invokes SSCRA the court won't even hear the motion let alone make a ruling on it until he's back - in which case he'd perhaps be able to make an even stronger case against relocation.

    With that said...

    How long was he in GA before he deployed?

    When did he deploy?

    When is he due home?

    What evidence of abuse is there?

    Please - don't just up and leave with the kids. That can land YOU in a HUGE amount of legal trouble.

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