Can I move out of state with my 2 children, if I have sole custody and ex has no visitation rights?

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Can I move out of state with my 2 children, if I have sole custody and ex has no visitation rights?

My children are 12 and 15.

Asked on November 29, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are the parent that has the exclusive right to determine the residence of the children, then you can move out of state with the child without any approval from your ex- or the court.  If your court order places restrictions on your residence, then you would need to get that restriction lifted or modified before you left in order to avoid a potential enforcement action later.


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