she wants to move out of state w/mylttlgrl

[chazhb2]

california
My ex and I have joint custody 70/30 my ex wants to move from California, where my 3 year old has grown up, to Colorado and take my little girl...she says she has done the research and she can move without my permission she has sent me a certified letter stating her move date and her new address....I am up to speed on my child support and I love my little girl so much I know I am so important in her life....
DO I HAVE ANY RIGHTS?? CAN SHE DO THIS TO ME/US??? WHAT DO I DO??
The move will be next month so time is critical..Please help me!!!!

 

[Lil Miss Smarty Panties]

Hire a lawyer and have him/her file in court to stop the move. You do have the right to contest it. Call a lawyer first thing Monday morning. Has she even informed the court of her plans to move out of their jurisdiction? Is there anything in your custody order that addresses move aways?

 

[chazhb2]

I dont believe that she informed the court of her plans to move out of their jurisdiction...but I don't know for sure.
We did a cheap divorce no lawyers it was like an agreeance. With that in mind there was a part in the divorce papers about joint custody and weekends/holiday's so fourth. But nothing in it discussed her or I moving out of state.

 

[SMURFEELAW]

well my best advice, (my fiance and i went through this with his ex) is to file an emergency petition to stop her. i don't know if that specifically is available in CA or not but we filed to stop her, honestly the court let her move but we went from everyother weekend visitaion to 50/50 week on week off (obviously she stayed in the state but did move four hours away) either way it can't hurt to try to stop her. You can do it yourself (without a lawyer) although if you can afford it a lawyer would help tremendously. Good luck, don't give up hope. if the experience i've been through is any indication your in for a long haul.

 

[Izzdan]

Hey

Im sure I can find the article and i'll look and post it later ..but im almost positive that a "new" law was passed in California about not allowing people to move out of state when a child is involved ..not more than a few weeks ago was this law passed ..you may want to look into that ..but i'll look around for it ..gluck ..im going through the same thing ..


-Tom

 

[ktarra617]

actually there is no new law but the California Supreme Court ruled that Custodial Parents no longer have the Presumptive Right to move. They must petition the court for permission and if she leaves without the courts approval the court can reverse custody.

You should file immediately to stop her move. The burden of proof is on her to prove the move is in the child's best interest. But the game is stacked against her in that the courts are turning a jaded eye towards move aways.

One of the basis' for this ruling was economic advantage to the CP's who move out of the state in regards to the Cost of living in California and the cost of living in other states. California has high child support guidelines therefore it is advantageous for CP's to get their child support orders in California and then move somewhere else because the money goes farther so to speak.

At any rate she is quite wrong that she can just up and move. She has to petition the court and get their permission to move. Without that she is up a creek.

good luck to you...

 

[Gonwin]

KTarra

KTarra,

I live in Los Angeles, CA. It was written into my divorce papers that I can move the children out of state if I choose to do so. I plan on moving out of state in 2005 (my ex knows and approves of this). Would I still need to Petition The Court For Permission (if it's already in our papers)??? Do you think this new ruling will make it harder for me to move? I'd appreciate your thoughts on this...

 

[I AM ALWAYS LIABLE]

Would I still need to Petition The Court For Permission (if it's already in our papers)??? Do you think this new ruling will make it harder for me to move? I'd appreciate your thoughts on this...

My response:

You can ask me if you can get that big stick out of your ass long enough.

Or, you can choke.

It's your choice.

IAAL

 

[Gonwin]

Iaal

The last time I checked, there wasn't a stick anywhere near my ass. But, consider the stick gone... Although I don't believe you will help me in any way, I would love to hear your thoughts on this (please?)...

 

[I AM ALWAYS LIABLE]

The last time I checked, there wasn't a stick anywhere near my ass. But, consider the stick gone... Although I don't believe you will help me in any way, I would love to hear your thoughts on this (please?)...

My response:

Oh, there's most definitely a stick in your ass. Just grab hold and pull!

Start a new thread, and ask for me in the title.

The ONLY reason I am considering answering your concern is because, believe it or not, it's a good question and worthy of MY attention. And, because it's a good question, and because others may benefit, my answer will be legally accurate.

When you ask for me, you SHALL be very nice. If I detect one bit of sarcasm or other bullcrap from you, I'll just let it go.

Your choice.

IAAL

 

[Gonwin]

IAAL - no problem...

I'm surprised you didn't ask me to turn around three times and cluck like a chicken. Oh, you didn't say I couldn't be sarcastic in this thread. I will start a new thread, I will address you in the title, and I SHALL be very nice. Please keep your end of the bargain.

 

[I AM ALWAYS LIABLE]

I'm surprised you didn't ask me to turn around three times and cluck like a chicken. Oh, you didn't say I couldn't be sarcastic in this thread. I will start a new thread, I will address you in the title, and I SHALL be very nice. Please keep your end of the bargain.

My response:

I don't have an "end of the bargain". The "deal" is strictly one-sided (your side). You want information from ME, not the other way around. So, if I happen to bash the ever-lovin' crap out of you for your stupidity, then you'll just have to take it.

You need to remember a key point - - I don't need you; you need me.

IAAL

 

[Gonwin]

Iaal

Understood...