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I have joint custody of my 2 kids. My ex wife wants to move out of state, and stop working. Can I stop her from leaving CA?

Asked over 2 years ago - San Carlos, CA

I have had primary (joint) custody for the last 2 years, and she has been working and paying me child support. She now wants to move to the east coast so she can live near other relatives, and not work. Her justification is that she will be less stressed and a better mother for her 3 kids from the new marriage that are going with her.

I'm concerned that my 2 kids are getting the short end of this stick emotionally and will feel abandoned by her. They will miss both their Mom and their siblings.

Can I bar her from leaving California? Can I make her at least keep paying me child support? Or should I consider taking full custody, or getting my wife to adopt the kids, and deny visitation rights to my ex?

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Attorney answers (1)

Dianna Gould-Saltman

Reputation Level 14

Answered over 2 years ago.

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Neither you nor any court can prevent your children's mother from moving out of state without the children. If the relocation makes the existing custody arrangement impractical or impossible then some new arrangement will have to be made, either by your mutual agreement or by a revised court order.

If a Court is making the decision the basis will be the needs of the children with the idea that, absent evidence to the contrary, there is a presumption that it is in their best interests to have frequent and continuing contact with each parent.

Your situation is sufficiently complicated that you would be well-advised to have an attorney negotiate such an agreement or present the evidence to the court.

Gould-Saltman Law Offices, LLP

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