I would like to move my children and my new husband out of the county and about 5 hours North. Still in California. In my divorce it states that the parent with physical custody (me) can not move the children out of San Diego County. My ex had visitation 3 out of 4 weekends a month. Our children are 9 and 7 and he has since moved out of state, and has lived out of state nearly a year and a half. We do not plan on moving for another two years, but I am afraid he can move back her and contest it. I know it's not fair for him to move clear across the country and that I can't move out of the county! However, I don't know the laws and not sure if I should get the courts approval now or wait 2 years. Would like your advice.
Ohh the kids still see him, they now fly back and forth for holidays and summer, there is just no court order.
2006-11-22 08:25:28 · 10 answers · asked by llbm3 2 in Family & Relationships ➔ Marriage & Divorce
I would definatley do it now because he could move back before you decide to move and could contest it. If you do move without being changed you could get into a lot of trouble. It's always best to be safe then sorry. If he is a sly person and knows you are doing this and moves back to keep you in San Diego. I would still go to the courts and have them write in a stipulation stating if he ever moves out of the county again that that part of the condition is void.
2006-11-22 08:41:00 · answer #1 · answered by tiredofw8ing 2 · 0⤊ 0⤋
I would talk to an attorney and have them file paperwork and get the court's approval now..that way nothing is holding you back when the time comes. Since your ex does not live in California anymore then they probably will grant your request. I think the only reason why you couldn't move out of San Diego County was because he had visitation 3 out of 4 weekends and was living there but since that is not the case anymore then you shouldn't have a problem. Good Luck!
2006-11-22 16:40:47 · answer #2 · answered by Michelle 4 · 0⤊ 0⤋
Sounds like you need to call an attorney and file for a Modification to the terms of your divorce. If your ex has left the area and is still using his visitation then as long as it won't interfere with that you should be allowed to move also.
2006-11-22 16:35:17 · answer #3 · answered by Jane S 2 · 0⤊ 0⤋
Why in the world did you agree to such an arrangement. I guess that water under the bridge. Trying contacting a lawyer to get that change. You should be able to move since he did. Remember never to agree to anything that can be restrictive. Good luck.
2006-11-22 16:30:40 · answer #4 · answered by kitcat 6 · 0⤊ 0⤋
Offer to bring the kids to see him 3 out of 4 weekends. In other words make the distance your problem not his.
2006-11-22 16:31:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Their dad shouldn't have a problem with you moving out of the county. I would get it in writing from him that he's ok with it..and petition the court to have your divorce decree modified. If he doesn't fight it....the court will let you do it.
2006-11-22 16:28:45 · answer #6 · answered by Shelly B 5 · 0⤊ 0⤋
If he is being so accommodating about his schedule I don't see why he wouldn't do the same for you. The kids can still fly back and fourth. My kids did the same and still are...My ex lives in Germany now...Call and talk to him about it maybe you wont have to go back to court to have things changed...
2006-11-22 16:32:11 · answer #7 · answered by WENDY G 6 · 0⤊ 0⤋
your best bet is to go to court. thats how my dad was able to move my two lil brothers out of az to cali. but u shouldnt take ur kids away from their biological father unless he was abusive. thats the worst feeling possible a father can feel!!! my mom, cried so many nights missing my brothers and i personnaly think that it is wrong!!!! u have to be able to ajust for ur children because it will also be hard on them!!! dont be selfish.
2006-11-22 16:29:06 · answer #8 · answered by D 2 · 0⤊ 0⤋
Go and hope that you won't need a lawyer later, GOOD LUCK!
2006-11-22 16:28:37 · answer #9 · answered by GRUMPY1LUVS2EAT 5 · 0⤊ 1⤋
i think you should talk with a lawyer about this
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2006-11-22 16:27:58 · answer #10 · answered by john doe 1 · 0⤊ 0⤋