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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101758
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I are moving to California in 10 days and he

Customer Question

My husband and I are moving to California in 10 days and he needs to notify the court. How does it work? Where should he send the notice and to who? Can he right by himself or need a lawyer? Under his divorce agreement he was supposed to get them notified in 30 days before the move but we were not sure yet. Is that a problem?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

First of all, he wants to check his decree. The decree generally spells this out clearly and/or may add additional instructions or override the default rules that apply. But regardless:

Where should he send the notice and to who?

To the Court's address. If not sure of this, you can tell me what court this was in and I can tell you.

The other parent also has to be given notice of 45 days prior to relocation. Cal. Fam. Code § 3204.

Can he right by himself or need a lawyer?

He can do so himself, although counsel is recommended.

Under his divorce agreement he was supposed to get them notified in 30 days before the move but we were not sure yet. Is that a problem?

As I had stated originally, the decree may modify the default rules. Under Cal. Fam. Code § 3204, 45 days is required, but if the decree states 30, then 30 days it is. It is whatever amount of time the decree states. If the other parent is not given the notice within that time, it can be a problem so it must be given as required.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Customer: replied 1 year ago.
The Decree says: "Either party who intends to relocate his or her residence shall give thirty day’s advance written notice of any such intended relocation and of any intended change of address, said notice being given to both the other party and to this Court." Circuit Court of Fairfax County.
My husband is the non custodial parent (the daughter is 17 year old) and he doesn't have a lot of contact with her (she doesnt come for visitation or holidays). He still pays child support until she finishes high school or completes 19 year old.
If we notify the Court and his ex wife and have to move before the 30 days -- are we going to have a problem?
Is there a simple sample of a letter we can fill it?
Thank you!
Expert:  Ely replied 1 year ago.

Address to Court:

Fairfax Circuit Court
Fairfax County Courthouse
4110 Chain Bridge Road
Fairfax, VA 22030

So 30 days is required, minimum. What the other parent can do is CHALLENGE the move, by filing in Court. This is their decision. They may not. But if they do, then the Court will make a decision based on "best interest of the child," which is based on:

(1) the child's interest in stability and
continuity in the custodial arrangement; (2) the
distance of the move; (3) the child's age; (4) the
child's relationship with both parents; (5) the
relationship between the parents, including, but not
limited to, their ability to communicate and
cooperate effectively and their willingness to put
the child's interests above their individual interests;
(6) the child's wishes if the child is mature enough
for such an inquiry to be appropriate; (7) the
reasons for the proposed move; and (8) the extent to
which the parents currently share custody.
In re Marriage of Brown & Yana, 37 Cal. 4th 947, 127 P.3d 28, 38 Cal. Rptr. 3d 610 (2006).

Normally, provided there is a good reason (education, family, employment, etc) the Court agrees to do this.

The letter may be very simple. Example:

Dear _______,

Per the court's decree dated (date), cause number ____, I am hereby notifying you of our family's intent to relocate from (adrs) to (adrs) on (date). My telephone and email shall remain the same.

If you have any questions, please contact me.

Sincerely,

Signature

Name

CC: Court

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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