Can I move out of California after giving him a 45 day notice letter? or do I need to go to court?

Asked about 1 year ago - Barstow, CA

I have a child custody order that states I can not live past 60 miles of my ex husbands home (his parents home where he does not pay rent, utilities, groceries, etc) with our child. There is also a notification of proposed moved section that is checked and says I have to give a 60 day notice. Well I sent him a certified letter stating that I was relocating with our child to Kansas. Im a stay at home mom and my husband now is a major in the army. He has received orders and we are on them. The brake down is 72/28 split with me being the primary. His visitation is on Thursdays and Fridays which means he only sees him around the school day. Can I move if he doesn't respond to the letter in writing or in court?

Attorney answers (2)

  1. Isileli Tupou Manaia Mataele

    Contributor Level 19

    Answered . If the order is 60 days then you need to give him 60 days unless you get an order of the court. The notice is to allow the other party to object to it.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.... more
  2. Michael Raymond Norton

    Pro

    Contributor Level 8

    Answered . While it is true that the 60 days notice is to give him an opportunity to file a motion to modify custody, that isn't the end of the story. First, your order that you cannot move more than 60 miles away is unique and seems to indicate greater restriction by the court. Second, you still have an existing court order. You will be violating it if you do not give dad 2 days/week. So I would file a motion to modify the parenting plan. You have a pretty good reason to move. You will have most of the school year, but dad will get extended time during breaks. Talk to a lawyer in your area, because this is a complex area of law. There are a lot of variables that you don't mention.

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