Can my Ex Keep me From Moving out of State with my Child?

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“I have sole legal and physical custody of our 10 year old son. My custody papers issued in the state of California back in 2000 say that if I intend to move, I must notify my ex of our new address. It does not state that I have to notify the court system, or anything along those lines. I still live within the state, although 9 hours away, but we plan to move to the east coast this summer to be near family. My ex calls our child about once a month, and visits with him about every other year, so there isn’t a stiff visitation to worry about working out, and moving would not change the visitation that is currently taking place. My question is, with the papers having been drawn up 7 years ago is the agreement still considered current, and could my ex block the move if he wanted to? Thanks.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Orders are good until they are replaced with other orders. In general if you are going to move a child outside of their State of residence, you would want to get a court order to do that. If all you need to do under your order is notify the -ex, give him the required notice. It sounds like the way your order is written it would be up to him to try to block the move-away. He might be able to delay the move, but under the circumstances you describe it is likely that he could not prevent a move from occurring.

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Author: House Attorney

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