Legal Question in Family Law in California
Child Custody in California
My husband, 14 month old child and I live in California. My family is in Florida. If my husband and I separate, I would like to move back to Florida. Can I legally take my child to Florida with me?
1 Answer from Attorneys
Re: Child Custody in California
Yes. So long as you do not "maliciously conceal" the child. However, if dad brings his motion in CA court within 6 months, you will probably have to return the child to CA for the litigation.
Better: File your pleadings (legal sep or divorce) and ask the court for permission to relocate with the child. Custodial parents have a 95% chance of getting a favorable ruling under the holding in In re Marriage of Burgess, a CA Supreme Court Decision from 1996.
Matt Kremer
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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