With no orders, you can move -- subject to him coming after the kids and asking the California court to order return the children.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
If you file legal paperwork in California, that creates automatic temporary restraining orders (ATROS) preventing any move of the child until a judge gives permission. Since you state no legal paperwork has been filed with the court, it sounds like there are no court orders preventing you from moving, especially with the fact pattern that you listed. If you move, and he files legal paperwork in California, you may have to litigate the issue in California and deal with custody and visitation issues in California. You should consult with a family law attorney before making any move for a complete analysis of your situation.
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You can with no court orders. I would not advise it though. The father will file for a divorce and parenting time with the CA courts as soon as you do and CA will have jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
it is not clear from the facts whether you and your ex were married, and if so, if any paperwork was filed with any court. In other words, if you did file for divorce in any court, then that court will retain jurisdiction over your child until he turns 18 (or when he graduates high school). If this is the case, then you must discuss this move with your ex, and if he agrees, you can file a stipulation or agreement of some kind with the court. If he disagrees, you can file an RFO requesting a "move away" order. If, however, there is no court involvement and has not been any court involvement, then you should at the very least discuss your intentions with your ex, and then the proverbial ball will be in his court as to what he would do next. If you have an amicable relationship and present the issue as being in the best interests of your child (which is the ONLY issue the court would consider), you should be able to move with your son subject to whatever conditions/agreements you make with your ex. Consulting a family law attorney is a good idea just to give you peace of mind. Most attorneys charge hourly, but most give free initial consultations, and some will even do "limited scope" retainers to only deal with one issue of your case. Hope this helps. Good luck.
As a general observation, you should consult with an attorney regarding the facts of your case.
This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.
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