Legal Question in Family Law in California

My baby's mother recently got married to a marine last may. I have an 8 year old daughter whom I have been in here life all the time as well as my family. Her mother and I separated when she was 3 years old and always remained very civil for our child. Her husband got stationed in San Diego CA which is about 3 hours from where we live in Yuma AZ I still pick her up every other weekend and summers while she is out of school. I was wondering if I would be able to put a mile limitation on where my daughter can be from me being her husband is in the military and moves every couple pf years. Would something like this hold up in court in my favor?


Asked on 7/14/10, 8:11 am

1 Answer from Attorneys

It sounds like you don't have any orders in place, and have been co-parenting just by cooperation. Otherwise there almost certainly already be provisions regarding move-aways in the order. If I am right, I first want to contratulate you and your ex. What a wonderful thing to hear about - two people whose relationship fails putting the child above any other feelings and making her life as good as possible with estranged parents. You both deserve medals.

As for your legal rights and issues, you absolutely have a right under California law to require the mother to get court approval to move farther away, and in some cases that approval would be denied if you objected and reasonable arrangements could not be made to continue your co-parenting to the satisfaction of the court. The prerequisite of all that, however, is a custody and support order. The best way to do that in your case, would be if you and your ex could stipulate to it. If so, it really would just be a matter of filing the appropriate papers with the San Diego Superior Court and waiting for the orders to be issued and mailed back to you.

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Answered on 7/14/10, 11:24 am


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