Oakland, CA asked in Divorce and Family Law for California

Q: (Shared Custody) My ex-wife just informed me she wants to move my son from O.C. county to LA county

We have shared custody of my son (7) and she told me she is going to move from O.C. county to LA county to stay near her job ( she is with this job since 3 years already and she was driving everyday). I am staying in O.C. and my son goes to school to O.C. doctors in O.C. etc. Can she move my son to another county without my approval and she can change visitations without any agreements. I would like my son going on to the same school he is going to since already 2 years etc. next year too and I don't want to see my visitations hours reduced because she wants to move. Thanks

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1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Shingletown, CA
  • Licensed in California

A: Depending on what your orders say about "shared" custody, she probably does not have the right to unilaterally move the child and change the school, doctors etc. for him; nor can she unilaterally adopt a different time share for the child.

However, you need to take some immediate action and file a Request for Order with a request for Temporary Emergency Orders preventing her from changing the child's current school and all the things he normal does in L.A. County where you live.

You want to do it as an emergency request based on her notice before she moves, especially since non-emergency orders may not be considered until the coronavirus crisis wains. This is depending on your local court's rules at this time.

You would be best being represented for this as it can get tricky under the circumstances and you need to move on it right away. I suggest you contact a local attorney to help you with this, right away!

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