Garden Grove, CA asked in Family Law for California

Q: Can my ex move from CA to Ohio with our daughter without my consent?

She plans on moving there because her husband got a job there

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3 Lawyer Answers

A: If there are no court orders, there won't be any consequences, such as contempt of court. If there is a case, automatic temporary restraining orders would prevent her from moving unless she had your written consent or an order from a judge. The family law court calls this a move-away or relocation case, and they are some of the most challenging cases. You may need to file a request for order quickly to address the situation. More facts are required to provide a thorough analysis. It sounds like she has a good reason to move, but more facts and factors need to be explored. Most family lawyers offer a free initial consultation that you should take advantage of.

A: That depends. Are there any custody orders in place? What is your current parenting plan for custody and visitation. If you have and exercise visitation with your daughter and there are court orders for custody and visitation, then no, she must first get a move-away order before she can move your daughter to another state.

A: You can object to the move away if it violates court orders or interferes with your visitation or custody rights. 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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