[randomtrends]

I currently live in Washington State with my 2 children. My ex currently lives here as well but I am thinking of relocating to California due to a job and family in California.
Does anyone know the California law with moving from California to any other state when you have children? I do not want to move into a state that will make it impossible for me to move elsewhere in case I should become involved with someon down the road that does not live in California. Example: I move from Washington to California and say sometime in 2010, I get engaged and want to marry someone who lives in Arizona. What are the laws with small children and California State? Is it feasible if due to marriage to get approval from the state to move? How difficult is it in California? I heard some horror stories, so trying to do research prior to making any kind of move.

HELP!
~B

[cdad]

The jurisdiction remains with the court that heard the case in the first place until it is given up by that court. So if custody was decided in Washington and so long as one of you remains there then they would hold jurisdiction on it. Another thing is that you may have to remain in Washington if your ex objects to the move or that you don't make some extrodinary consessions to ensure that he gets visitation if its so ordered.

[cadillac59]

If you have or expect to get a Washington child custody order and your ex continues to live in Washington but you are allowed to move to California, for whatever reason, you remarry and then want to move off to Arizona, it will be a decision of the Washington court what to do with your existing custody order, NOT California. As long as your ex continues to reside in Washington only a Washington court will be able to modify the order (unless it wanted to relinquish jurisdiction to another state, which it won't).

Califdadof3 was right.

[randomtrends]

If you have or expect to get a Washington child custody order and your ex continues to live in Washington but you are allowed to move to California, for whatever reason, you remarry and then want to move off to Arizona, it will be a decision of the Washington court what to do with your existing custody order, NOT California. As long as your ex continues to reside in Washington only a Washington court will be able to modify the order (unless it wanted to relinquish jurisdiction to another state, which it won't).

Califdadof3 was right.

What if my ex also moves to California and then later I move to another state? HOW DOES THAT WORK?

[ScottGem]

You got the answer, but there is another issue here. As far as I know, every state has similar laws regarding the ability of the custodial parent to move when that move will affect an existing court ordered visistation schedule. Those laws state that the court must approve the move. And a court is not likely to approve the move is the non-custodial parent objects.

So if your ex moves too, but then you want to move again, the NCP still has to approve it if it will affect the visitation order.

[Fr_Chuck]

Yes, the issue is still will the ex even let you move to California,

So your concern is not California, but your current court order, since you have not gotten permission to move to California yet

[cadillac59]

What if my ex also moves to California and then later I move to another state? HOW DOES THAT WORK??

Hey, guess what! The National Conference of Commissioners on Uniform State Laws actually considered that situation when they wrote the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) that both Washington and California have adopted as law--which is the same law-- in addition to every other state in the US except for 3 or 4 (that are slated to get the same law soon) and the answer is that if your ex leaves Washington and you are living in California, California may modify the Washington custody decree if California has become the child's "home state", meaning the state the child has lived in with a parent or person acting as a parent for 6 consecutive months immediately preceding the filing of your modification motion, with periods of temporary absence included, OR, if it is the state that has a "significant connection with the child and parent, or person acting as a parent" and "substantial evidence exists in the state concerning the child's care, protection and personal relationships."

If your ex moves to California and you move to another state, then the state you move to can only modify the order if it meets either one of the above tests. That's modification jurisdiction.