Q: Could I move out of the country with my children if I have full legal custody with any issues?
I currently live in California. I have full legal and physical custody of my son. The court order states that I must notify the non custodial parents 30 days prior to the move. I have been offered a great opportunity out of the country which would provide a better life for the kids and also a more stable one. I have been unable to find a job in California that covers all of my expenses and the childrens as well. Financially its really difficult because the father doesnt help much with the kids. I can't afford to live in California anymore. Also my entire family lives overseas as well so I'll have more support and help with the kids. And also The father never signed our daughters birth certificate. I just wanted to make sure that I would be able to make the move without causing any legal issues. Their father is very difficult and controlling so I can see him trying to enforce not making the move.
A: Complying with the notice requirements of the court order is critical. Since you state that he is controlling and very difficult, you should anticipate a move-away/relocation trial. Consult with a local family lawyer. You may have very good arguments in your favor if the case goes to trial. More facts are required to provide a thorough analysis.
A:
The dad might object to the move away if it interferes with his custody/ visitation rights, and he may report the matter as an abduction.
See: http://www.aeesq.com/divorce-attorney/kidnapping-abduction/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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