It really depends on whether there is a court order or not, as a married couple, if you separate before either one files for divorce or for a custody motion, one parent will usually care for the children primarily outside an agreement between the parties and if that parent moves to another state, that parent will have to provide you the current address.
Once custody and visitation orders are made by the court, it would be much harder for one parent to move away without the consent of the other party or by court order.
Since you have lived in California for 9 years, the family law court in the county where you reside in California would have jurisdiction over custody and visitation issues of the children. It would be imperative for you to file the divorce action as well as the motion to seek custody and visitation orders at the same time from the courts immediately and even possibly on an emergency or ex parte basis if she is planning to move quickly and depending on other factors.
Time would be essential because you don’t want the issue of competing jurisdictions between two states to occur as that will just create more issues and court appearances that may be unnecessary.
It is important to contact an experienced San Bernardino Family Law attorney to represent your interests and your rights as a father in issues involving children, especially when it comes to custody, visitation and child support. At Wallin and Klarich, our San Bernardino Family Law attorneys have successfully represented many clients in this situation. Our knowledgeable San Bernardino Family Law attorneys will work to ensure that your case is done properly and professionally and seek the best outcome on your behalf. Contact us as soon as possible via phone at 1-888-280-6839
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