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I moved to San Diego from LA with two kids last July, and my…

Customer Question
I moved to San...

I moved to San Diego from LA with two kids last July, and my divorce decree doesn't say that I cannot move

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

And my ex is now saying that SD is temporary and permanent which is not true. California

Lawyer's Assistant: Have you talked to a lawyer yet?

Once back in April but my ex didn't file anything so I was told to stay put until he doesn't something

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My ex is saying that I have to move back to LA b/c I have two properties there but I was a stay at home mom and now I am able to work full time with my family's support. I want to know can the judge make me move back, and if I do need to court, can I move the case to SD since I work full time and both kids go to school here in SD

Submitted: 9 months ago.Category: Family Law
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Answered in 23 minutes by:
9/10/2017
Family Lawyer: socrateaser, Lawyer replied 9 months ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,987
Experience: Retired
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Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

Under well established California judicial precedent, the primary caretaker/custodian of the child(ren) may relocate "at will": at any time, for any reason, or for no reason at all. The non-custodial parent would have to ask the court to modify parenting or custody on grounds that the move represents a material change in circumstances affecting the child(ren)'s best interests. In practice, this means showing that the custodial parent's "moveaway" is being used as a rationale by that parent to violate the existing custody/parenting orders.

But, if there is no violation, because you are continuing to transfer the child(ren) to the other parent consistent with the current custody orders, then you can move wherever you choose -- even to another state or nation.

f you need more personal attention than can be provided in this public forum, I can arrange to send you an offer of direct correspondence, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

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