I have had full physical/legal custody for a year now. Father has no visitation, and has not seen the child in one year. I re married, my husband is in the military. If we get orders to move out of state, or the country, am i aloud to move? considering the father has't seen the child in a yr and has no visitation
Family Law Attorney
It all depends on how your court orders read. If your orders restrict you to a certain area then you would have to get them changed.
It can be a slow process to get the orders changed as court budget restraints are causing court dates to be moths after you file for a modification. You should talk with a family law attorney to better understand how your current orders read and how you could modify them.
Family Law Attorney
The standard orders require 45-days written notice to Father and either his written permission or a court order to remove the child from California. If your new husband is likely to receive new orders, you might want to file a motion asking the court to shorten the time for notice, not require Baby Daddy's permission to go, or to permit you to go to Court and obtain an emergency mediation date (to make custody orders in light of the pending relocation) and an order shortening time after that date to adopt the new recommendations as orders of the court.
You can't just "go" in most cases, and the court is not going to cut off his rights as a dad simply because he is clearly a deadbeat and not interested in seeing his child. They will offer him an (another) opportunity to have visitation (even if it is only via phone or Skyppe) if you are required to relocate because he is the dad.
With that said, be prepared that if the Court believes that the move is simply to keep the kid away from dad, they court might require the kid to stay here. It's not very likely, but you should know that nothing is ever a "slam dunk" in court.
You can't just up and leave ... and to do so would not be very wise, so jump through the hoops early because as my co-contributor said, the Court budget reductions are delaying matters. For example, I was in Court last week, and mediation appointments are over 2.5 months out. So if you filed today, you could not get in to FCS for mediation until mid March.
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