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Moving with children after divorce

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L

lms5961

Guest
What is the name of your state? CA
My husband and I have 3 children. All 3 are mine biologically, 2 are his the third he adopted. I am considering divorce and would like to move to Nevada with the children. Is it correct that I need my husbands permission to leave the state with the kids? Or do I need the courts permission or both?
 


D

dorenephilpot

Guest
You are free to move wherever you want.

As long as your move is not intended to keep the dad from the kids and as long as you let him see the kids on a regular basis, that shouldn't be held against you in court.

The only reason you would not be allowed to move is if there is a court order to the contrary.

Best of luck to you!
 
G

Grandma B

Guest
BUT if you move before filing for dissolution, you won't be able to file until you've established residence in Nevada.
 
P

pj_57

Guest
In most cases in CA, once the paperwork is started you are required to stay in the same county unless you request permission to move. If I were you, I would wait until I got to Nevada to file or you may have to stay in CA for the duration of the court proceeding.

My son filed in CA and had to file a motion for permission to move back to his home state and it had to go before the mediator, then the judge had to approve the mediator's recommendations. From what I understand, he was lucky and got permission first time out. The mediator recommended the move and his ex didn't show for the hearing (not surprising), he won because the judge felt she showed her lack of following through, etc....

I would definitely check with an attorney before making any moves.

Good luck.
 

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