Hayward, CA asked in Child Custody and Family Law for California

Q: If I am still married and no divorce has been filed can I move out of state with my daughter? He moved out 9 months ago

He has had her once over night in the last 9 months, no divorce has been filed and there is no custody agreement and he does not see her. He FaceTimes occasionally but not often. I want to move from California to Nevada but am unsure if I can do so.

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1 Lawyer Answer
Martha Bronson
Martha Bronson
  • Tracy, CA
  • Licensed in California

A: You are not tied to California like a tetherball is tied to a pole. Does the father object? Does he want a divorce? have you tried working with the father to agree on a custody/visitation arrangement? Is there some reason you would not want to make custody/visitations arrangements before you leave? If you are separated and living separate and apart, and you want to move, then you should inform the father to make mutually acceptable custody/visitation arrangements. Where ever you go, you will not be able to file in another state until you have met the minimum residency requires in the state you move to. The father could file for divorce and seek custody/visitation orders here in California and directly affect you and the child.

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