Can the victim of domestic violence decide where to live with their children?

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Can the victim of domestic violence decide where to live with their children?

My sister is a domestic violence victim and is currently living a domestic violence shelter. She and her now ex had moved to that state recently but when she went to the shelter with her 2 kids (3 year old daughter and 1 year son), her ex-boyfriend decided to move back to his former with his parents; he is now in their county. She is staying at the shelter until next month when I will have the opportunity to go get her and bring her to come live with me in the same state as her ex buy in a different county. Can he legally make her live in his county since she currently does not and will not reside there when the custody arrangement will be made?

Asked on December 21, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, your sister's "ex" has no right to dictate where your sister resides. Absent a child custody order, the "ex" has no right to dictate where the children reside as well. Given what you have written, I suggest your sister and you consult with a family law attorney for help.


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