Divorce in CA

What is the name of your state? California. I am considering divorce. I have 3 children, one has been adopted by my husband, the other two are both our biological children. Is it true that I cannot move out of the state without his permission?

lms5961 said:

What is the name of your state? California. I am considering divorce. I have 3 children, one has been adopted by my husband, the other two are both our biological children. Is it true that I cannot move out of the state without his permission?

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My response:

No, it is not true.

However, once you file your Petition for Dissolution, an automatic Restraining Order will immediately go into effect (it's on the front and back of the Summons). Thus, you'll need the court's approval before you can move away with the children. But, if you plan on moving without the children, then it doesn't matter when you move away, and you won't need anyone's permission to do so - even after filing, just as long as you leave the children within the jurisdiction of the County where your children are domiciled.

IAAL

divorce in CA

Divorce in CA-So I don't need my husbands permission to move to Nevada, just the courts approval?

Re: divorce in CA

lms5961 said:

Divorce in CA-So I don't need my husbands permission to move to Nevada, just the courts approval?

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My response:

Please quote your question, and that part of my answer, that you didn't understand.

IAAL

I am trying to clarify. If I file for divorce in California, but want to move to Nevada with our 3 children ages 15,9 and 6. Do I need my husbands permission, the courts permission or both?

Both, technically. If you have your husbands approval it's usually approved by the court. If you don't, then you have to show ligitimate reasons and the court has to approve the move. Once you have filed in CA as stated, a restraining order goes into effect and you cannot move the children from the county they live in. If you haven't filed, you can move and then file in your new state, but you may need to establish residency first. I would check the laws in Nevada regarding residency and filing.