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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32343
Experience:  Began practicing Family Law in 1992
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I need legal advice in filing move away request from

Customer Question

Hi,
. I need legal advice in filing move away request from California to Virginia. I am living in a domestic violence shelter with my 3 years old son since March 2016 when police rescued me from my abuser home. I was living a tough life here in California with no car, no job and with no support system only because of the visitation orders for my husband with my son. In Virginia, I have a job offer to start my job when my work permit will come and also I have a family support In Virginia to provide me housing support as well as emotional support. On September 1, 2016, My husband has been moved to new state ( Oklahoma) due to his job transfer. Now I am stuck here with no reason as I cannot leave California because When I got my restraining order for one year and full custody of my son for one year, Judge restricted me to take permission from the court to move away.
Now I have following questions:
1. Do I need attorney for filing move away request. Is my case stronger to fight alone in front of my husband paid attorney.
2. Should I mention any visitation plan in my move away papers or not. If yes, Should I mention one week in summer and one week in winter. Is this enough? I do not want to mention Skype and phone calls as my son is not independent enough to do this. I do not want myself to facilitate that as it will be control from my husband.
3. I have following supporting documents to make my move away request stronger such as- support letter from my cousin sister in Virginia, My therapist letter showing that is good to get emotional support right now from family after facing domestic violence as well as job offer letter. So should I file all these supporting documents with my declaration in move away request papers. Or should I wait for hearing date to show directly to judge. As I ma scared that with this, my husband attorney will have every information and he will come prepared for hearing. Do you think with the supporting documents to be filed with my declaration will make my case stronger for the judge to see before.
Thanks for the help.
Submitted: 3 months ago.
Category: Family Law
Expert:  JD 1992 replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

1. Do I need attorney for filing move away request. Is my case stronger to fight alone in front of my husband paid attorney.

You don't have to have an attorney but you greatly increase your chances of winning if you have one.

2. Should I mention any visitation plan in my move away papers or not. If yes, Should I mention one week in summer and one week in winter. Is this enough?

This is a hard one to answer because to a certain degree it really depends on the judge. My inclination is to say yes, mention it, because some judges require that everything be in the pleadings but it does give the other side enough time to work up a defense to it.

3. So should I file all these supporting documents with my declaration in move away request papers. Or should I wait for hearing date to show directly to judge?

You want to be sure that the evidence is admissible but if it is then you should probably file it as an attachment to the motion. However, if you have been sent discovery in your case ten you would want to file it as a response to the discovery.

Most judges don't really look at the file before court unless it is a highly publicized case. However, on the off chance that they do look at it then the more information you put in there the better off you are.

If you decide to hire an attorney then let them make the call on what to file and what not to file because they will know the judge and what that particular judge likes for you to do.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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