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My ex and I share our daughter 50 50 I have been offered a job in Atlanta GA and want to take our 5 year old daughter with me.

Upland, CA |

Im planning to leave CA in 3 months. She was born here. What is the path needed to take her with me without fighting my ex in court? If were 50 50 can he stop me?

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Attorney answers 3


I am sorry that you are going through this. If you have a divorce agreement which gives the 50/50 shared custody then you need to go back to court on a modification and a removal action. please work with a local attny. The argument is that the child is better of with you and that there is a clear advantage to the move. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


You had better take a look at your court order. It may contain a provision that states you cannot take your child out of the state without the approval of the other party or an order of the court. So, if you want to avoid court, you better get your ex to sign a written agreement first. If you don't, you will end up in court. If your ex does not sign, you will have no choice but to go to court. If you go without either, the court will order the child returned to your ex.

Michael Schwerin, San Jose, California phone: 408-295-4232 email: Consultation fees, rates and retainers vary based on need and ability to pay.


If your ex has 50% custody, it will be very difficult to get a move away order and you should proceed very carefully and quickly. What are your plans to provide for the other parent's visitation. Because of the age of your daughter, frequency of the visitation will play a more important role than the length of visits with the other parent. You should consult with someone very experienced in custody and move away issues. We have 2 such attorneys whom are certified family law specialists each with about 40 years experience in custody matters. There is no charge for an initial consultation if you would like to schedule.

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