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14 answers

YOU can probably move to CA, but your children probably won't be able to move with you. The courts will want to keep the father involved in their lives, and unless you can show it is for the benefit of the children to move, the court probably won't agree.

If you move without court permission, your ex-husband could take you to court and sue to get full custody of the children.

2006-07-07 06:25:35 · answer #1 · answered by Mama Pastafarian 7 · 1 1

Hate to say depends but it does, many factors to determine if the wife can take the children out of state. The factors included who has custody of children, how active is the father in the children's life? The judge as well, the reason for moving to CA, does she have a good job, family to help raise the kids, how will the mother ensure the father gets to see the kids, ie paying for airline tickets etc, many factors

It is not like the old days where the mother basically have absolute say in where the children would grow up, many courts today are not allowing a mother with custody move out of state without a good reason and even then hard

I have found the more monies the parents have the higher probability the courts will allow the move since the parents can pay for multiple airline tickets in the year to fly the children back and forth

2006-07-07 07:22:50 · answer #2 · answered by goz1111 7 · 0 0

Getting a divorce means not having to ask permission from "him" again. Wife is a term for the female married partner. If that civil union is dissolved, the obligation ends, and then she is a mother with children, not a wife.

Seriously, the only consideration would be the one of joint custody. Neither the court nor the state can hold hostage any non-civilly or non-criminally supervised person. The state of California can enjoin with Florida to support the conditions of the custody rulings but neither can force you to stay or go based on your "condition" of having been a wife or being a mother.

I am assuming you had an attorney during the proceedings... she or he should be your first and best voice for "advise".

(I am not an attorney, nor does the above constitute advise in any legal matter past,current, or in the future... it is merely conjecture and opinion)

2006-07-07 06:30:43 · answer #3 · answered by Time-on-My-Hands 2 · 0 0

My mother moved us from California to Oklahoma after the divorce and we went out to see my dad in the summer every other christmas. He did not agree with the move but there was nothing he could do about it. You can't hold a mother in the same place for 18 years just because of the father.

2006-07-07 06:38:15 · answer #4 · answered by Anonymous · 0 0

Only with the fathers permission. My brother in-law (in Florida)just went through this with the ex wife who wanted to move out of state. The judge told her she was free to go, however the child wasn't. The child now lives with dad.

2006-07-07 06:26:39 · answer #5 · answered by Anonymous · 0 0

depends upon what the divorce says and the custody arrangement of the children. If it is going to violate the visitation and right etc of the other parent, then no.

2006-07-07 06:26:12 · answer #6 · answered by tg 4 · 0 0

If she has custody, and is vindictive enough to use the children as a weapon against her ex, yes she can. But it also says a lot about her character.

2006-07-07 07:09:46 · answer #7 · answered by innocence faded 6 · 0 0

Yes, but the court will try to stop it because they lose jurisdiction of the children.

2006-07-07 06:30:35 · answer #8 · answered by nichole 3 · 0 0

Yes if she has full custody of the children.

2006-07-07 06:28:52 · answer #9 · answered by BeachBum 7 · 0 0

only if the ex does not disagree.......unlike me i have a thing written in my divorce papers that says i can not move out of my state with my children..........

2006-07-07 06:24:40 · answer #10 · answered by s_doyle28 2 · 0 0

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