I filed for divorce over 2years ago and didn't proceed simply because I didn't have the money to hire a lawyer to guide me through the process. I also tried the Self Help Center, however, they can't really advise you on anything. I had to refile recently and he sent in his repsonse. I would like to move back to my home state which is on the east coast as I live in California and filed for divorce in California. We have 3 children and would be taking them with me. They are with me 63% of the time. I want to go back home because all of my family is there and I would have a better support system there since I am here in California and have no support here other than my children's father which he doesn't see them other than the days that he's supposed to have them. Can I leave the state with them even though we are not divorced yet?

Quote:

---

Originally Posted by HomewardBound

I filed for divorce over 2years ago and didn't proceed simply because I didn't have the money to hire a lawyer to guide me through the process. I also tried the Self Help Center, however, they can't really advise you on anything. I had to refile recently and he sent in his repsonse. I would like to move back to my home state which is on the east coast as I live in California and filed for divorce in California. We have 3 children and would be taking them with me. They are with me 63% of the time. I want to go back home because all of my family is there and I would have a better support system there since I am here in California and have no support here other than my children's father which he doesn't see them other than the days that he's supposed to have them. Can I leave the state with them even though we are not divorced yet?

---

You've already posted that your husband is granted visitation rights; by your own admission, he has the children 37% of the time which quite frankly, is a lot of time for a non-custodial parent to have. Due to this, I'd say no - you cannot just relocate without one of two things: a)your ex's consent or b)the court's authorization.

If you want to relocate, you'll need to have him okay it. If he refuses, file a motion with the court requesting that you be allowed to move with the children. The court will then look at the situation and either grant or deny your request based upon what they feel is in the children's best interest.

Or, you move without your kids and agree to him having primary physical custody.