In the absence of any court orders regarding custody, technically you can move without his permission. He has the right however, to file for custody orders which may result in your having to bring the children back to CA.
Additionally, can I move with my child after divorce?
A judge can‘t force a parent to remain in the state following a divorce. … A custodial parent has the right to travel freely and even relocate with a child under certain circumstances. Nevertheless, a child’s best interests are central to a custody case.
Similarly, can a father stop a mother from moving?
Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child’s best interests.
Can my ex stop me from moving away?
Probably – A move across town is not likely to result in an objection. However, while your ex-spouse cannot prevent you from moving, any custodial parent contemplating a long-distance move away from an involved non-custodial parent should think long and hard before making that decision.
What happens when a non-custodial parent moves away?
Courts should usually allow a move if the other parent has moved, although it might be within reason (if the non–custodial parent moved 50 miles away, the Court might not allow the custodial parent to move 1,000 miles away). … Normally when the non–custodial parent moves away, the custodial parent is allowed to move.
Can my ex get custody if I remarry?
While the act of remarrying does not in itself impact a parent’s custody rights over their child or children, if the remarriage is not in the best interest of the child, and a party files to modify custody, the court may decide to make custody decisions to best protect the children.
Can my ex take my sons phone away?
In answer to your question “Is one parent permitted to take a child’s cell phone away during parenting time when the other parent pays for the phone?” The answer is yes, one parent has the discretion to take a cell phone away from a child…
Can I move away during a divorce?
Moving out of your old home is common during a divorce, and if the place you’re going is still within the county court’s jurisdiction, you should be fine. … If it is at all possible to delay such a move until the divorce is final, you might save a lot of difficulty and gas money.
At what age can a child say which parent they want to live with?
16 years old
Can I stop my ex wife moving away with my child?
If you do not agree with the proposed move, your ex should ask the court to make the decision about whether or not they should be allowed to move. One parent does have the right to try and stop the other from moving and may seek a court order from the court to prevent it from happening.
Can divorced parents live in different states?
Parents can live in different states and share legal custody if the parents have a cordial relationship and communicate, although it can be difficult for the parent who does not live in the same state as the child to participate in medical appointments, for example.
What rights does a father have if the mother moved away?
Parental Responsibility is a legal term which means you have the right to make decisions on behalf of your children, such as where they live. … However, the father could apply for a court order to prevent her from moving the children away.