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custodial parent relocating

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melindac

Guest
I live in California and am relocating to Florida for hubands new job promotion. My ex and I have discussed the move and he agrees with the move due to his recent job change. I would like to hear of other visitation schedules that are in affect from other state to state parent agreements. We are going to write out our revised schedule that we agree to in the end. Please help while we both are in agreement!
 


I AM ALWAYS LIABLE

Senior Member
melindac said:
I live in California and am relocating to Florida for hubands new job promotion. My ex and I have discussed the move and he agrees with the move due to his recent job change. I would like to hear of other visitation schedules that are in affect from other state to state parent agreements. We are going to write out our revised schedule that we agree to in the end. Please help while we both are in agreement!
My response:

You need to go back into court for an amended order concerning child support and visitation. Remember, the California court has jurisdiction over the child(ren) and if you take the children out of State without the "blessing" of the court, you'll be in Contempt of Court. Further, if anything happens where you need the help of the court concerning visitation and support, you'll be in big trouble when the court finds out you've left the State without amended orders. Additionally, Florida won't help you either when that court finds out there are outstanding orders from California without an amendment.

In summary, without amended court orders, anything you write and agree to with your ex, as it pertains to the children and visitation, isn't worth the paper it's written on until such time as you obtain further orders from the court.

I realize it's a pain in the ass, but California, like all States, is very guarded concerning children AND the orders that are in effect. Don't mess with the courts. It'll come back and bite you "big time" at some point down the road if you don't have new orders. It always does.

Good luck to you.

IAAL
 
M

melindac

Guest
thanks

Thanks for the reply. My current husband and I have been to court many times regarding our children from previous marriages so we do know what we are expected to do. However, on my court order it clearly states that any issues concerning changes to any part of the order be resolved between parties and unless agreed on will then have to come back to court. That was added to insure both parties that court costs be the responsibility of the party that does not agree to any changes. Regardless, as they say better safe than sorry! I will look into your previous repy to my question. AND I STILL AM SIMPLY SEARCHING FOR RESPONSES THAT MAY WORK FOR OTHERS IN THIS SITUATION SO I MAY HAVE AN IDEA OF WHAT IS PRACTICAL. My daughter is only 3 years old and has known my current husband as "daddy" since birth. She has been visiting her father since 2 months old.
 
U

Ukiah

Guest
IAAL is right....

melindac said:
Thanks for the reply. My current husband and I have been to court many times regarding our children from previous marriages so we do know what we are expected to do. However, on my court order it clearly states that any issues concerning changes to any part of the order be resolved between parties and unless agreed on will then have to come back to court. That was added to insure both parties that court costs be the responsibility of the party that does not agree to any changes. Regardless, as they say better safe than sorry! I will look into your previous repy to my question. AND I STILL AM SIMPLY SEARCHING FOR RESPONSES THAT MAY WORK FOR OTHERS IN THIS SITUATION SO I MAY HAVE AN IDEA OF WHAT IS PRACTICAL. My daughter is only 3 years old and has known my current husband as "daddy" since birth. She has been visiting her father since 2 months old.
IAAL is right. You can look up the California Family Codes and see what other options and codes may help you in your decision. Either way, to do this legally, and without future problems, it is necessary to go back to court and have it signed into agreement by a Judge. Also when you get to your new state, you should file the current papers with the court in your new county. You'll need to petition the court which has jurisdiction to move it to the new county this gives the Jurisdiction to the new county/State and takes it out of California.

The site for the Calif Codes is;

http://www.leginfo.ca.gov/calaw.html



[Edited by Ukiah on 03-05-2001 at 12:28 PM]
 

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