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I am trying to see what my rights are as a mother. I am

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Hello, I am trying...

Hello, I am trying to see what my rights are as a mother. I am currently in San Diego, CA because I was in the military and just recently got out. I am currently going through a divorce and do not have a custody order in place. Because I am no longer in the military I can not afford to live out here and the father of my child will not give me permission to leave the state to go back home where I have support and help from my family. We have been separated for a little over a year now. Since January he has only saw our daughter 3 times and does not call to talk to her or check up on her. I've called to reach out and talk to him about our daughter every day for this past month and he will not respond to my calls or text messages. I've been given a packet to fill out for a move away order but was told it will take anywhere from 2-4 months until I am seen in front of a judge and since I don't have a job and no help out here as far as childcare goes to watch her while I am working or looking for work I cant stay out here to wait and my lease is ending at the beginning of December. I can break the lease early because of the military protection law but will not be able to renew my lease. Any information helps!

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

California

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

I spoke with my old lawyer that helped me with starting my divorce

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

No I put pretty much everything on there thank you

Submitted: 7 months ago.Category: Family Law
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Answered in 1 minute by:
10/2/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,117
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

If there are no orders here you can pick up and move.Both of you have equal rights here.He may force you to come back but if you have to go here unless there are orders you are free to leave.Again when divorce is set for hearing you may have to return.But at least it might allow you a chance to look for work in new state, even if you have to return.If your lease ends this might be an option.I cannot tell you that you won't have to come back but there are no custody orders yet you could go until they require you to return.

Alternatively you might see if family could come here for awhile until lease is up and help you while you are looking for job where you are at , prior to December when lease is up.Also not sure if you could send child to live with grandparents for a bit another option to allow you to look for a job.

No easy answers all I can do is give you some options.

I appreciate the chance to help you and thanks for rating 5 stars.

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