QUESTION
Joint Custody- can I move out of state with children
Asked on Aug 08th, 2014 on Family Law - California
More details to this question:
My husband moved to another state and is in violation of court order for every other week custody of two children Now I would like to move to Oregon to get more support from my family, better schools and lower crime. I currently reside in Calif. He is in NC. This would be in the best interest of the children.
1 ANSWER
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Assuming you have joint physical AND legal custody, I would either ask him to agree to you moving to Oregon in writing or get the court's permission. You can do that a couple of ways - the first is a Request for Order to change the custody to sole physical and legal custody with a right of visitation for dad and then you could work out the cost of transportation for the kids to see him and probably a child support modification. The second option - and you can do these both at the same time - is to file for a move away order. The second option is going to require a change of physical custody anyway.
If your ex won't stipulate to any changes, you can either seek the help of an attorney or go to the court's self help center and they should be able to help you with the paperwork.
Answered on Aug 14th, 2014 at 12:06 PM