Permission from Non-Custodial to Move Out-of-State

Reply Fri 25 Apr, 2014 03:39 pm
My order states that "Neither parent shall move the residence of the child out of Riverside County without giving the other parent a 45-day advance written notice and obtaining the other parent’s written permission prior to the move or an order of the court granting the move." I am the only parent that lives in Riverside County, California and have had physical, primary custody for 11 years. The Non-Custodial Parent has always lived in Louisiana so this was written poorly however they wouldn't change it when I objected to it. My current husband received notice from his job that he must relocate to Charlotte, NC. I notified the other parent and he won't give his permission even though it has absolutely no effect on his visitation schedule. He doesn't even exercise all of his visitation rights. Must I still obtain permission from the courts? And how would I get permission on such short notice? I have no choice in the matter and can't split my family up because he is taking it personal.
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Reply Fri 25 Apr, 2014 04:15 pm
You should go to court on this (sorry), and make sure it's all on the up and up. If your ex is giving you problems now, they are surely going to give you problems later.

Don't provide any ammunition.
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Reply Tue 29 Apr, 2014 09:14 am
You gave the notice (I HOPE IN A WRITTEN LETTER SIGNED RECEIPT DELIVERY FOR YOUR PROTECTION) once you have that you can take whatever steps now to secure the courts approval. Because the order reads you MUST have signed permission you will have to go to court if he is unwilling. You will have to prove why the move is in the best interest of the child. Job stability is a good reason! You can file the papers for motion to modify yourself Pro Se if you cannot afford to hire an attorney. He will have to show up for court (if not you will win by default) he will have to pay his way to get there from another state even if he hires an attorney he will have to present. If has not been in the child's life as you say I think he may not show up and spend the $$$ to fight this he seems to more of a pain to deal by the sounds of it. If he does show he will have to prove why it would not be in the child's best interest to move since he has no standing you will more than likely win but you MUST take the steps to do this legally. If you do not you will open the door to more legal issues and possibly losing custody of the child for being in contempt of court.
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