Q: I had 50/50 custody. My ex husband agreed to let me move out of town(2 hours away) and take our child with me.
We never changed custody agreement. He does not pay child support. Now he is taking my child out of school early and has cause a truancy letter to be sent. When I asked him to stop he said either I let him or he will take our child back. Does he have any legal grounds to do this after it’s been a year? I should also mention child does not want to live with him(11).
A: He does not have legal grounds because it generally is against the law in California to remove one's child from school early. You ought to file a motion with the court to define what the custody schedule is, or should be, now; and, assuming you get custody, to get child support.
The court order is the only thing that can be enforced by law enforcement and the courts. So, if it hasn't been changed, then yes, it is possible that he could Request an Order from the court for enforcement and have it granted.
Your best move is to file the move-away request along with a request that he not pull the kids out of school. There are several factors you'll need to show for the court to grant the move-away. My best advice is that you should consult with an attorney to plan your path forward. Modifications, and especially move-aways, done when not following an existing court order can be challenging.
Any California attorney can give you guidance on a path forward, but if you're looking for in-court representation, you'll want to find one local to your area. Good luck.
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