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  1. #1
    Join Date
    Feb 2016
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    1

    Default Moving Away With the Children After an Attempt to Reconcile Fails

    My question involves a marriage in the state of:California

    A friend of mine has been considering divorce for some time. In October 2014, her husband quit his job in NC and moved to CA to work and stay with relatives without telling her and her family his intent. He told them they were to move out there when the lease expired. She would have filed for separation then, but finances did not allow it. When their apartment lease expired in June 2015 she and her kids went out to CA to try one last chance of reconciliation. That failed and within 2 weeks she began saving money to return to NC. In Jan 2016 he moved out to another relative's place, but has not filed for separation. He says if he files for divorce, he can force her to stay in CA as he does not want her to move back to NC.

    One of her kids is not adjusting well to CA and having emotional problems due to the situation. She is home-schooling this year while she tries to raise money for legal fees and the eventual move back but is concerned about this threat. The husband is staying with relatives because he is not making enough money to support himself, much less his family. My question is, can a judge force her to stay in CA or can she move back to NC for the sake of her children?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,212

    Default Re: Divorce Question Regarding Moving Cross Country

    Quote Quoting vodray
    View Post
    My question is, can a judge force her to stay in CA or can she move back to NC for the sake of her children?
    I don't know.

    But what I can tell you is she needs to stop taking legal advice from her enemy and get herself a lawyer.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Moving Away With the Children After an Attempt to Reconcile Fails

    Quote Quoting vodray
    View Post
    He says if he files for divorce, he can force her to stay in CA as he does not want her to move back to NC.
    He can't get an order preventing her from moving. However, he can potentially get an order that holds that the children's domicile must remain in the State of California, such that her choice would be to either move without the kids or stay and try to get custody pending a further order from the court on her petition to relocate.

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