I live in California and my daughter's father moved to North Carolina. My current husband and I want to move to Washington to buy a bigger home and settle down there. Is this something the judge will likely grant? My daughters dad had 17% visitation but has now given it up. No idea when he will see her next and he violated the order in many ways when he was still here. Am I still stuck in California even though he has moved for good?
Since your ex has moved cross country, I suspect that your move will be allowed. You need to run this past a California attorney before you buy the new house. The fact that your ex has moved and is not seeing your daughter will not change if you are here or there. Call a lawyer to be sure.
This response is only a basic answer to your question and is not intended to be legal advise. It is your job to hire an attorney and to discuss the specifics of this question with him or her. I am not giving you specific legal advise and there is no attorney-client relationship created by my answer to your question. The choice of an attorney is an important decision that you must make and that choice should not be made upon adverting alone.
You need to file an RFO to have the current custody order modified. You need to specifically ask that you be permitted to change your child's residence to the State of Washington and for her father's visitation order to be suspended until he makes an application with the court to reestablish contact with her. You should consult with an attorney who does this work for suggestions as to what to put into your declaration in support of the RFO and to help you draft the order you want the court to sign so you can get it signed the day you go in for the hearing. Your chances of getting the orders you need are very good. When you get to Washington you may want to have the orders from California domesticated there. California will continue to be the venue for child custody issues until jurisdiction is released and other state assumes jurisdiction. Having the orders domesticated in Washington will help if it ever comes up. If you ex returns to live in California this will be the home state and you will have to address custody issues here at least initially. See a family law attorney for some help although you may not need to retain.
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