QUESTION
Can I be forced to move back after I've moved out of state with my children if I have a notarized letter from my husband allowing us to move?
Asked on Jun 12th, 2014 on Child Custody - California
More details to this question:
My husband has signed a letter in front of a notary giving me consent to move out of state with our children and to pay child support as we are just now separating. We intend to file for divorce at a later time. Can he force me to move back once I've moved?
5 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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It depends.
Answered on Jun 16th, 2014 at 7:12 PM
Only a court, in a subsequent divorce proceeding, can force you to do return to the state from which you have moved. Since your husband may change his mind or "forget" that he signed permission for you to move, you may want to file for the divorce sooner rather than later. Whether the state where you have moved has jurisdiction over your husband depends on the facts. You will want to consult legal counsel where you live to determine if you can file where you live, or if you need to file for divorce where your husband lives.
Answered on Jun 16th, 2014 at 7:12 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Since you have moved out of state with the children with your husband's consent it is unlikely that the Court would upset their current living arrangement. You should be careful about allowing the children to return to visit their father because he may then keep them and file for custody in Court. You should keep the children with you until there are Court orders granting you custody in your new State.
Answered on Jun 16th, 2014 at 7:11 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The fact that it was notarized is meaningless. If he signed a statement that said he agrees with your taking the children out of state to live, then a court will not require you to bring them back. The agreement with regard to child support however, is meaningless since it's not enforceable as private agreements about children have no legal validity. I suggest you read the law or get a lawyer and file for a divorce or legal separation immediately so that at least arrangements for the children including child support, are legally valid and enforceable. Right now, he would be free to get the kids and bring them back if he wanted to do so and nothing requires him to pay support.
Answered on Jun 16th, 2014 at 7:11 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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He may file a complaint without telling anybody of the letter. If he does so without you present to defend yourself, he may get a court order requiring you to return the children. Time to hire an attorney.
Answered on Jun 16th, 2014 at 7:11 PM