Girlfriend wants to move kids away from me

[soldierdad]

What is the name of your state (only U.S. law)? California

My girlfriend and I are splitting up (after 10 years) and we have two children together (8 and 9). I have the Declaration of Paternity papers for both kids establishing me as father. She keeps telling me that if we split she is going to take the kids out of state because she can't afford to live here. She is working here and makes around 50k a year.

I have been very active with the kids and this would devestate me (I think that's why she says that).

What can I do to keep her from moving the kids and also what should I do to establish at least 50/50 custody?

Let me know what other details you might need.

Thanks in advance

 

[Isis1]

What is the name of your state (only U.S. law)? California

My girlfriend and I are splitting up (after 10 years) and we have two children together (8 and 9). I have the Declaration of Paternity papers for both kids establishing me as father. She keeps telling me that if we split she is going to take the kids out of state because she can't afford to live here. She is working here and makes around 50k a year.

I have been very active with the kids and this would devestate me (I think that's why she says that).

What can I do to keep her from moving the kids and also what should I do to establish at least 50/50 custody?

Let me know what other details you might need.

Thanks in advance

you will need to file in court to establish custody/visitation/support. you need to request that the children not be removed from the state during the proceedings. FYI, in the california documents, there is an automatic restraining order that will not allow the children to be moved out of state. once filed and served, it becomes in effect.

50/50 custody works best when two parents CAN get along for the sake of the children.

are you stationed at a base? are you deployable?

 

[LdiJ]

you will need to file in court to establish custody/visitation/support. you need to request that the children not be removed from the state during the proceedings. FYI, in the california documents, there is an automatic restraining order that will not allow the children to be moved out of state. once filed and served, it becomes in effect.

50/50 custody works best when two parents CAN get along for the sake of the children.

are you stationed at a base? are you deployable?

The bolded is a biggie. If you are not subject to CA being a permanent duty station that's potentially a biggie as well.

A court isn't going to require mom and the kids to live in CA if you are not going to be in CA for long stretches of time on deployment, and if CA is not a permanent duty station.

 

[soldierdad]

I am not in the military and I am permenantly in CA. Sorry if the name caused confusion.

 

[Isis1]

I am not in the military and I am permenantly in CA. Sorry if the name caused confusion.

phew...okay. much better. those military laws are always tricky.


so, go file. today or tomorrow since it is late. check your local courts website. i personally LOVE the pre-prepared forms they have an abundance of.