Im the primary care giver of my two daughter's 9 & 11yrs old, I want to relocate out of state what do I need to do? If anything?

Asked over 3 years ago - Turlock, CA

Im the primary care giver of my two daughter's 9&11yrs old, with 72%during school schedule and 50% during summer.Im getting remarried, Im engaged to an Army soldier(17yrs) who is deployed in Iraq and lives in GA.Once I get married my girls and I are planning on moving to GA. The non-custodial parent (their father)doesnt want to agree with new a schedule. Do I have the right to relocate after giving him 45day written notice? and both daughters want to move with me to GA.Im offering ALL summer vacation and all hoilday breaks (which fall every few months)what should I do? or need to do? Or am I okay with being the primary care giver?Thanks

Attorney answers (1)

  1. Nadine Marie Jett

    Contributor Level 16

    Answered . You indicate you have a "schedule" with the children's father. If the schedule is by way of a Court order, and Father does not agree to your request to modify the Court order, then you must go back to Court and ask the Court to modify the current order.
    If you violate the Court order, you are in contempt of Court.
    If you have a case involving these children, do the right thing, go to court now, and ask for permission to move.
    It would be extremely inconvenient, and possibly a criminal matter, if you move, the ex then runs to court, claims you violated the court order, or worse, kidnaped the children.
    Do it once, do it right, go to court if you cannot get a written agreement with the children's father.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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