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California law allows the custodial spouse to move out of state with their children. But if your spouse does not agree to the move, there will be a trial on the issue. A judge will decide whether or not the custodial spouse may take the children out of state based on numerous considerations and California Supreme Court case law. Oftentimes, if you have a domestic violence order against your spouse, you will be allowed to move with the children out of state. If you get a request to move granted initially by your spouse, you will have established the status quo and it would be difficult for a judge to uproot the children who have now enrolled in school and started a life outside of California.

If you want to prevent your spouse from leaving California with the children, there are many things you can do to prevent that move. You should make sure to establish a favorable status quo. If you have allowed your spouse to dictate when you see the children because you have agreed that you do not want to fight about custody, that may result in a negative status quo. There are things you can do to mitigate the prejudice created by the negative status quo.