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loveydovey · Mar 11, 2009, 03:26 PM

I have 3 kids.
My soon to be x has no intention of helping w/support.
I canot afford to live and work in CA anymore.. I have family in NV to help and it is so much cheaper there.. but "x" says he will stop me.
can he if we have not filed any papers yet?:(

stevetcg · Mar 11, 2009, 05:11 PM

His intention to help is irrelevant. The court order will assure he does regardless of what he wants.

If you move now, he can file an injunction to prevent you from moving until custody and visitation is established. You may be forced to move back.

File before he does. Get a lawyer and have it state your intention/desire to move. Be proactive. Reactive means playing defense and no one scores on defense.

cadillac59 · Mar 11, 2009, 09:40 PM

Whenever you file an action involving custody of children in California automatic temporary restraining orders go into effect (called "ATROS") that enjoin either party from leaving the state with the child without the written permission of the other parent or a court order. So, if you file a case, you will not be permitted to go anywhere outside of the State of California with the child until a court gives you an order saying you can (or the other parent gives you written permission).

If he files a case against you and serves you then yes, you cannot go to NV with the kid . If you cross the state line with the child after being served it not only is punishable as a contempt of court, you can also be arrested and charged with either a felony or misdemeanor, not to mention losing custody of the child to the other parent. So, watch out.

If nothing has been filed with the court then yes, you can go to NV; but, be sure you keep the other parent advised of where you are to avoid a parental kidnapping charge.

stevetcg · Mar 12, 2009, 04:10 AM

Originally Posted by cadillac59

If she files first she will be automatically barred from leaving the state with the child. Plus, there's no need to request an "injunction"--you get than automatically just by filing the case.

I wasn't suggesting filing first so she can leave the state, I was suggesting filing first to both expedite the process and to be proactive instead of reactive.

As for the rest of it... I forgot... California is the exception to most laws that the rest of the country has or doesn't have.

cadillac59 · Mar 12, 2009, 10:31 AM

Originally Posted by stevetcg

I wasnt suggesting filing first so she can leave the state, I was suggesting filing first to both expedite the process and to be proactive instead of reactive.

As for the rest of it... I forgot... california is the exception to most laws that the rest of the country has or doesnt have.

If you just meant to initiate the process by filing right away then that is good advice. I agree. Why put off the inevitable?