Santa Clara, CA asked in Family Law for California

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?

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1 Lawyer Answer
Susan G. Cohen
Susan G. Cohen
  • Sacramento, CA
  • Licensed in California

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.

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