I am divorced, living in California, with joint custody of our two children. Can my ex-husband take a new job out of state and move the children with him? If not, can he force the children to come visit him? What if he moves to Maine? What are my rights?
2006-12-20 16:55:20 · 7 answers · asked by SW 1 in Family & Relationships ➔ Marriage & Divorce
Of course you need to consult a California family law attorney but here are a few thoughts.
First, it depends on what type of "joint custody" the two of you have. Do you mean that you actually share both physical and legal custody of the kids? You share decision making responsibility? Or is one of you the legal custodian but you split physical time? Or do you mean that you try to arrange visitation so that you each get equal time? You need to review your papers and see what exactly you have.
No matter what you have currently, it will all have to be redone to accomodate a move. If he is relocating and wants the kids to live with him, he will have to petition the court for a change in custody to sole custody with him as joint custody would no longer be possible. At that hearing you would also ask for sole custody to be changed to you (or for the court to prevent his move depending on what you want.) If you were to get custody and he did move, yes he can require that the children come to visit him even if he lives in Maine (assuming these kids are little babies). Arrangments would have to be made of course - transporting the kids coast to coast can be difficult and expensive. He would most likely have to bear those costs as he is the party moving.
If he does just try to pick up and move out of state with the kids - I think you could get him on parental kidnapping charges. As long as the two of you share custody he can't remove them from you without your permission.
You should consult with a lawyer pretty quickly so you can start to plan what you want to do.
Good luck.
2006-12-20 21:53:51 · answer #1 · answered by CV 3 · 0⤊ 0⤋
If you have joint custody, he can't take the children out of state without your permission. What you need to do is to tell him he needs to file for a change in the custody orders. Then either you agree to some arrangement, or you put it before a judge. In either case, if he tries to take the kids, without arranging things first, he will be in pretty serious trouble. Generally speaking, he will need to prove that the kids living with him is better for them. Hard to do. Chances are you should get a bump in child support, and will have the kids spend more time with him on holidays and during the summer. (but it depends on their age.) if they are over 12, they can have input too. If you are not talking, then, I would suggest mediation.
2006-12-20 17:03:55 · answer #2 · answered by Sad-Dad 3 · 0⤊ 0⤋
Wow, youshoudl ge a lawyer. You can have Joint custody, but there is a "custodial" and a "non custodial" parent. If you are the custodial, then no, he can NOT move your children. he can move wherever he wants to. Also, he can NOT force your children to visit him. If they don't want to go, they aint gotta go. But I would seriously get a lawyers advice on this. good luck sweety!
2006-12-20 17:06:22 · answer #3 · answered by Pandora 6 · 0⤊ 0⤋
It all goes back to your divorce decree. Pull out your papers and see what it says. Usually when one wishes to move a child to another state, permission from the other parent is required. It all depends on what your papers say. If it is not in your decree, perhaps you need to speak with an attny....with your papers in hand.
2006-12-20 17:35:23 · answer #4 · answered by iyamacog 7 · 0⤊ 0⤋
He cannot do anything without pititioning in court for any of this. I'm from Chicag so I dont know what California laws are, but I'm pretty sure he just cant do it on his own. Lotsa luck
2006-12-20 16:58:58 · answer #5 · answered by Chicago Girl 4 · 0⤊ 0⤋
what does your divorce papers say? Ask you attorney. Generally not.
2006-12-20 16:58:32 · answer #6 · answered by sweetpicker 4 · 1⤊ 0⤋
Talk to your Lawyer
2006-12-20 17:08:06 · answer #7 · answered by ~*~Tessa~*~ 5 · 0⤊ 0⤋