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Author Topic: Does my wife need a move-away order for a military move?  (Read 1610 times)

31BZ6

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Does my wife need a move-away order for a military move?
« on: Jan 25, 2014, 06:49:39 PM »
I am seriously considering going back on active duty and finishing my career in the Army with my wife, step-daughter, and daughter. The court order between my wife and step-daughter's father hasn't been updated in 4 years, but it does stipulate that the father must approve an out-of-state move.

When I looked into the matter it seems that family law in our state, California (and where the order was made) has a presumption that the custodial parent can/will move. My wife has 100% physical custody, but shares legal custody. According to my research, the father would have the burden of proving the move to be detrimental to the child and/or his visitation in order to prevent the move.

He currently sees his daughter once every 4 to 6 months even though my wife would allow more visitation, he lives on the other side of the state and rarely makes time to visit. To compensate, instead of the mandated weekend visits, my wife allows her to go with her father for a week at a time when he does have her. Additionally, the order says the father is responsible for transportation but we always drive halfway to meet him. My wife and I do not want to detriment the relationship between my stepdaughter and her father in any way. We would happily agree to provide transportation to ensure she maintains the same visitation or even more.

Do we need to go to court and request a move-away order? How does the original court order play into the law's decision?


Waylon

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Re: Does my wife need a move-away order for a military move?
« Reply #1 on: Jan 25, 2014, 07:36:07 PM »
IDo we need to go to court and request a move-away order? How does the original court order play into the law's decision?

It's probably best to get one ahead of time; moving without an order can often get you in hot water with the court if the other parent contests it later.
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