Can I move to another state with my children if I have custody? 5 Answers as of October 17, 2010

I am divorced and want to relocate out of California with my kids. Do I have to give notice to my ex-spouse or file with the court before I can move? I have sole legal custody.

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Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes. You need the other parent's written permission or a court Order. To be sure I would want to see your current Orders. Take them to an attorney for a consultation and make sure to proceed with a proper game plan.
Answer Applies to: California
Replied: 10/17/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You need to seek a court order.
Answer Applies to: California
Replied: 10/15/2010
McCunn & McCunn LLP
McCunn & McCunn LLP | Drummond Timothy McCunn
It depends on your custody order and whether any restrictions were placed on your sole legal custody, such as visitation to the ex-spouse. I recommend a consultation with an attorney to review your custody order due to the complexity of out of state move-away cases.
Answer Applies to: California
Replied: 10/15/2010
The English Law Firm
The English Law Firm | Robert English
Generally you are required to give notice of 45 days if possible. It is then up to your ex-spouse to decide if he wishes to file an OSC to prevent the move. Move away cases can be very complicated and you should talk to an attorney. My office is available if you are in California.
Answer Applies to: California
Replied: 10/15/2010
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