Can I take my kids and leave the state?
Question Details:I recently got remarried to the father of our kids. We were married in NV, where I was living. He convinced me to move back to CA. I did. WE have been here for less than 3 months. I wasn't to go back home to NV. I made a mistake and thought things would be better for my family if him and i were together. We are not happy here at all. He says I cant take kids back home. We lived in NV for almost three years. My court order was from CA, saying I was granted a "move away", and that I have 80% of the kids. However, since I got remarried to him, I heard the court order is now null and void.
It's true that your remarriage effectively vacates your divorce judgment and pre-remarriage court orders. As of right now, there is effectively joint legal custody, as married parents.
However, he can't prevent you from moving out, with the children, and he can't even get a court order in California yet, because you haven't been there for six months, which is required to make it the children's home state under the law. You can go back to Nevada and get a court order there, as soon as you arrive, giving you custody, and perhaps child support as well.
You'll have to re-establish residency in Nevada, for the divorce, but you can start the custody and child support case right away.
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