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Move Away (Sole physical/legal custody)

San Diego, CA |

My daughter has full legal/physical custody of 2 sons, age 1.5 & 3, father has supervised visits do to "extreme physical abuse" (case recently closed in dependency court). My daughter has no family/friends in SD, and would like to relocate to neighboring state where she has lots of family/friends and a job offer. The father of the children moved out of state and has not seen them in over 6 months. She does not know his address, friends/family will not give it out, he won't give it out, so she can't serve him. How does she move quickly?

Thank you Michael. To clarify, CPS exit orders were non-reunification with father and mother to have sole custody all around, supervised visits to dad. CPS even said if judge did modify orders to give dad unsupervised visits, all my daughter has to do is call CPS when he picks them up and CPS will remove them from him because he is deemed a danger to children. I am not suggesting she just "go", I want to know where to start to get permission to move quickly. She has tried to go to the facilitator's office 3 times and all three times the sign up sheet filled up before her turn came up. She doesn't even know what forms to use and what to put on the forms (there is no "move away" form), and wonder if this justifies ex parte. An attorney is out of the question, we don't have the money - they want $3K up front and he probably won't even show for any hearings (he didn't show for the hearing when CPS closed the case).

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Attorney answers 1


To be err on the side of caution why not file a move away petition? I am concerned about the history of the case and whether CPS has an interest in this, too. Also, Juvenile Court may have issued an exit order, usually with a six mos. time frame, often advising that after 6 mos the parties modify the custody orders in Family Court. I don;t know what if any orders Juv Ct issued and what they father will "claim" if she ups and moves without notice but often it goes like this. Mom abducted and concealed our children; she knows how to get a hold of me etc etc and when you ask his family to testify for you that they refused to give out his address etc as you say here, are they going to back you up on all this? I am just give food for thought not legal advice. I don't know your case specifics. By your question (how fast can she take the kids out of state w/o telling already suggest the answer that you want someone to tell you that sure just take the kids out of state and don't tell dad. I think your daughter should sit down with a lawyer. Have the lawyer look at the court orders. Go from there. Its too serious of matter to get a one off , off the cuff answer on a website. If you want to hire me or find a lawyer for her

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