What can I do?

[ussa12]

My question is: Can the court prevent me from moving out of the state with my child if my STBX contest the move? He is not a California resident. He is a Colorado resident that resides in California because he is in the US Navy.

 

I would like to move back to Atlanta, GA next year after my lease on my apartment is up. However, my STBX husband stated that he will take me to court to prevent me from moving our daughter out of the state. My STBX is a resident of Colorado not California. I do not have any family here and would like my daughter to be raised around my family as I feel my husband does not have any morals or values. The summary of what led to the divorce is written below.

 

 

I am orginally from Atlanta GA and is currently living in Seals Beach, CA. I have lived here for 13 years with my husband who is in the US Navy. We have a 7 yrs old daughter together. My husband left me last year stating that he loves me but he is not in love with me. He moved into his own apartment. Two weeks later, my daughter comes home and tell me about daddy's new friend, The woman has a 4 yr old son who calls my STBX "dad". This upsets my daughter. I talked to him about this, but he stated it wasn't any of my business and that the woman was just a friend that he talk to. Six months later, he moves in with her. He has filed for divorce and we have been to our first court appearance. We are now waiting for the divorce to be final.

[Ladyjane14]

What does your lawyer say?

 

I'm no expert, but it would seem to me that if you don't have a custody and visitation schedule that is legally binding at this time.....then, for right now at least, you're free to do as you like.

 

If that's the case, then I wouldn't wait until next year. I'd go NOW, even if I had to pay a penalty on breaking the lease. I'd definately talk to a lawyer about that beforehand though.

 

I can't understand why ANYONE would want to live in a no-fault divorce state. The court won't even consider the fact that the man was obviously unfaithful to you, abandoned you, and left you far from your home and kin. It's just not right.

 

Anyway, if that's not feasible, the start documenting the financial and psychological benefits of moving, so that you can support your arguement in court.