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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I have a custody agreement originated in California 2009. Where

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I have a custody agreement originated in California 2009. Where I received Primary custody of our daughter. Since then I have registered the order here in Fairfax County VA where our daughter and I live. In march of this year, our daughter's father retired from the military and moved out of base housing in San Diego, CA and into a rented house in Ramona, CA. They are still in the county of San Diego. There are two issues in the order that I am uncertain of. 1. #XXXXXwill retain jurisdiction of this case unless the father relocates out of California. I registered this order in VA some time ago. he was notified of the intended change and made no protest. Will this change give me any trouble? 2. #52 Neither party will change the residence of the child without an order of the court. Written notice will not suffice. My daughter is due to go to CA for summer visitation. Her father has given me new address and let me know that he has no plans to come before the court to get a court order for the change. Should I send her to CA, to a new house without an order in place? FYI, The stepmother who lives in the house and is not supposed to be alone with my daughter is a registered sex offender. Currently, My daughter's father is not working

FiveStarLaw : *This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
FiveStarLaw : Welcome,My name is XXXXX XXXXX I will do whatever I can to answer your questions!
FiveStarLaw : Registering the order in Virginia does not change jurisdiction to Virginia. Jurisdiction remains in California
FiveStarLaw : Due to the fact that the stepmother is a registered sex offender, you may want to petition the court for modification to the visitation order
Customer: Her step mother has been a sex offender since the origination of the order and since they lived in base housing, there does exist an additional layer of protection. Now they are out in town and the order says they order needs to be modified if residence is changed. #52 Neither party will change the residence of the child without an order of the court. Written notice will not suffice. My daughter is due to go to CA for summer visitation. Her father has given me new address and let me know that he has no plans to come before the court to get a court order for the change. Should I send her to CA, to a new house without an order in place?
Customer: Is this move a big deal or small deal? Is a petition to the court warranted because of the move, or do I just continue as we have for the past few years?
FiveStarLaw : Based upon the information you have given me you are not required to send her to California since there is no Court approval of the new residence
FiveStarLaw : It sounds as if it is a very big change since there was the layer of protection when they lived in the base housing that no longer exists.It does not appear that you are required to send her
Customer: Ok, i think that answers it. Thanks for your time
FiveStarLaw : Thank you very much.
FiveStarLaw : It has been my pleasure to work with youPlease let me know if I can assist you in the future by requesting me directly.
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