Q: If I share joint custody with the father of my child and we move from CA to Mexico, are we required to notify the court?
The father and I are not in a relationship. He moved out of country earlier this year without notifying the courts and expects me to join him and bring our child so he can continue to see her 50% of the time. We have 50/50 joint custody, although he often gives up his time with our child. This past year I've had her 90% of the time. I would prefer to stay in California but I'm afraid he'll sue me if I don't go with him to Mexico and bring our child down there. If I decide to follow him there, are either of us required to notify the California court system before I leave California with my daughter? I will still maintain CA residency while in Mexico under a tourist visa. Is it wise to move without involving or consulting the courts when we have a preexisting custody order in place? The father has been in violation of our custody order due to moving to Mexico earlier in the year and missing his 50% custody time by being out of country.
A: Absolutely; and you must also ask the court for a move-away order as well.
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A: As Mr. Arrasmith had said, you need to address this with the court. Speak with an attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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A: You say you have 50/50 custody. I'm assuming you mean you have a court order that awarded each parent joint physical and legal custody? You got those custody orders here in California and then Dad moved to Mexico. You don't want to move to Mexico. You want to stay here with the child where you have your custody orders and where the court has jurisdiction over the issue of custody. Dad moved away. Why would he sue you and for what? If you don't want to move, then don't move. If you do move, and both parents and the child remain living in Mexico, the California court will retain jurisdiction over custody until the “court … determines” that all parties have ceased residing there. Jurisdiction is then lost. (Fam. Code §3422). If this is what you want and all parties agree, then you should be able to do a stipulation and order re modification of existing custody orders so that you can relocate with the child to Mexico. The problem is that according to you, this is not what you want. I am unclear why you think it's what you have to do nevertheless.
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