Los Angeles, CA asked in Family Law for California

Q: I am still married and I have moved from Ohio to California with the kids. Is this ok to do?

Husband has just been served child support papers and that's why he is upset.

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: It depends on what your custody and visitation orders say. The problem with moving away like you did is that it can interfere with the dad's ability to see the children. That assumes, of course, he was seeing the children. If he didn't have visitation at all or lost his parental rights, then he has suffered damage by your moving away. The fact that he might be mad at having been served child support papers makes me think he maybe is more upset at having to pay support and not you moving away.

In general, though, it is a good idea to run any move-away plan through the CA courts and get approval. Just up and moving California can lead to problems.

Andy

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