Q: I have visitation/custody modification hearing coming up.
After I filed my ex told me he wants to move my son out of state. I am not sure if I want to allow this just yet. How can I delay this for more time. Does my ex need to file anything with the court before the hearing?
A: There are pieces of your case that are missing from your question. If you have filed for a Dissolution of Marriage in California, AND if your husband has been served, there are Automatic Tempoary Restraing Orders that prevent him from removing the child from California. But you should still file an Order to Show Cause and ask for Temporary Orders to prevent him from removing the child from California. If the Divorce Decree has already been entered, then the ATROs no longer applies and the Decree and related custody orders control. There are special statutes and procedures that apply after a case is finalized, if the Custodial Parent wants to Move Away.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.