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AttorneyTom
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I live in California, have two children (8 and 14), and am

Customer Question

I live in California, have two children (8 and 14), and am considering moving to Canada to be with my boyfriend of 3 years. My situation here is I cannot for the life of me find work, and my bf has been helping support my children and me. My ex-husband has not paid child support in 6 months, lives in a one room guest house, and has also had a very unstable employment history. Visitation now is every other weekend, plus one night a week dinner. He does miss weekends when he has other commitments. I don't want to be underhanded in doing this. My son (14 year old) is on board with moving. I haven't brought it up to my ex yet to see how he'd feel, but I'd like to know my chances of taking the kids for what I honestly feel is a better quality and more stable life in BC.

Thank you very much for your time
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.

Disclaimer
Laws vary drastically by state and country. It is impossible for an attorney to provide legal advice or legal services on JustAnswer. What follows is neither legal advice nor a legal service and may/not apply in your particular state. What follows is general information provided for educational purposes only. No attorney-client relationship is formed. T-USA is not your attorney. No attorney-client privilege exists. Anything you write can be used in court if discovered by an opposing party.
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Answer:


Generally, a parent must petition a court for permission to move in such circumstances, as the move will affect court-ordered visitation.

Further, a court may be less likely to agree to a move that is going to place the child in the jurisdiction of not only a different state, but a different country, as the court will then be unable to ensure the non-custodial parent maintains his visitation rights. However, a court's focus is generally on the best interests of the child.

Further still, it is generally not possible to obtain a passport for a child unless both legal parents are willing to sign for the passport. This could present additional problems.

Such matters are not simple matters and involve major changes in life. It is important to retain an attorney who is familiar with family law and emigration to assist with the matter.


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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

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