Riverside, CA asked in Divorce, Family Law and Child Custody for California

Q: If I have 50/50 custody and want to move out of state what steps do I need to take to not lose my children.

I live on my own with my partner and my ex lives with his mother. My partner and I want to move out of state to where his family lives to better our lives but my ex wants full custody now so the kids can’t leave the state at all. He has a past record and I’m pretty sure still can’t legally own a firearm. He has no bills or actual responsibilities besides a part time job. My ex and I are still technically married because when I filed for divorce he refused to sign the papers causing a default and then began living in his car for years where no one could reach him before moving into his moms finally after time spent at the mental hospital. We are trying to move at the beginning of September and I don’t know what to do.

1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: I'm seeing two different issues here. First, finish up your divorce. It doesn't matter if he agrees or will or will not sign something. You got your default, now proceed to judgment. Second, if you want to be able to move out of state with your children, you will need to file a motion with the court requesting a move-away order with a request for modification of existing custody orders (assuming you have any). You should retain an attorney.

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