Ask Experts Questions for FREE Help !
Ask
    VaPopPop's Avatar
    VaPopPop Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 11, 2008, 01:49 PM
    Divorce and moving away with your child in Ca.
    My daughter is in California with my 5 year old grand-daughter, she has been divorced for 3 years and wants to move back to virginia. As I understand it she was required to give 45 days written notice to her former husband that she intended to move away and if he did not respond properly then she was free to go. Apparently he was supposed to give her 24 hours notice of an emergency hearing. Court records show he did now file within the 24 hours and he verbally notified her to be in court the next day. I think she should have received a proper summons to appear, which she did received. Was she legally required to appear and could she have left California since she was not properly served in the 24 hour time frame. And is a verbal notice on the phone proper notice. Thanks, Pop-Pop in Virginia.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jun 11, 2008, 01:56 PM
    Within 24 hours there is no way to be actually served legal notice, that can take several days to be served.

    But no, without court approval to move, she should not move, since in most cases, the child custody agreement says they can not move without the permission,
    VaPopPop's Avatar
    VaPopPop Posts: 2, Reputation: 1
    New Member
     
    #3

    Jun 11, 2008, 02:38 PM
    Thanks for the response Chuck, however the problem is she was NOT notified within the 24 hour period. And if I understand it correctly she was supposed to be notified by someone other than her former spouse. It could be in person or by phone, but it had to be varified that she had received the notice at least 24 hours in advance which she did not. She was notified by him on the phone about 5PM that she was to appear in court the following morning at 9AM.?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Married in Florida moving to N.C with children (divorce) [ 2 Answers ]

Hi We have not filed for any legal documents yet (divorce). Can I get into trouble for moving myself and my kids out of state to separate fro mtheir father? We are moving from Florida to N.C. The kids were born before the marriage but they are his kids. Can he force me to return legally with the...

Going through a divorce and moving in with partner [ 3 Answers ]

Would it affect my divorce if I moved in with a new partner who has already gone through a divorce? I have moved out and have started divorce proceedings, early days yet unfortunately. My partner has finalized his divorce and is just in the throes of moving house. We both want to move in...

Dealing with divorce and moving on to better times [ 3 Answers ]

About 5 years ago I went through a bad divorce and lost everything. After this I didn't get involved with anyone and just played the field, if you're a guy you know what I'm talking about. No decent female wanted to get involved with me anyway because I was a mess lol. I stayed single and lonely...

Moving out of state with child post-divorce [ 2 Answers ]

I live in Minnesota and have begun legal process to leave the state with my son, of whom I have physical custody. Any of you been through this? Suggestions? Advice? I am moving toward employment, family and friends back to my home town, in large part to take over a long-established family...

Divorce and Moving Out of FL [ 6 Answers ]

Short story - My ex had a 2 year affair, left myself and my 3 young children for another woman. We divorced. I will now be moving back to NJ where I have the support of family and friends. Does anyone know how the courts rule in Florida if the husband opposes? There is nothing in my divorce...


View more questions Search