Long Beach, CA asked in Family Law and Child Custody for California

Q: I have a strange situation. My husband was sexually assaulting me without my permission for months, and I finally left

We have a 4 year old daughter..no divorce paperwork has been filed as of yet. I came to California temporarily because i had an opportunity to be in a band that does Vegas shows and would've been very lucrative. I searched near my home in Michigan for a long time and could not find a job. I found a good day job at a BMW dealership in California making a lot of money. My husband is a truck driver and travels all over the country. Can i move my daughter from Michigan to California?

Related Topics:
1 Lawyer Answer

A: Since this question pertains to a hot issue in family law court (move-away/relocation) you need a consultation with a family law attorney. An attorney would need to explore your living situation in California, and it's a good fact that you're living in California now. There's a possibility you may acquire jurisdiction in CA if you haven't already based on when you moved and the circumstances around the move. You may be able to file in CA if you acquired jurisdiction in CA and you may be able to litigate in CA. If jurisdiction is in Michigan, you can ask to move to CA with the child. Considering you have a job in CA and your husband is a truck driver, you may have a good shot at this request. Since your husband travels all over the country as a truck driver, that would be one solid factor in your corner. Definitely seek a consultation with a family law attorney. Since certain facts could alter the case, a lawyer really can't provide a definitive answer on this forum.

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.