Legal Question in Family Law in California

Child Custody Move out of State

My fiance of 3 years and mother of our 14mo son wants to lv CA and move him and herself to AZ. I am a very involved father and have 2 children from a previous marriage who are very close to him and have grown up with my 14mo old. I am the primary care taker, provide medical insurance for him, he has lived his 14 months and my home, I have a fulltime live in Nanny. Does she have the right to leave the state with him without my permission?


Asked on 11/16/08, 12:11 am

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: Child Custody Move out of State

The move out of state depends on the child custody arrangement and what the terms are of the divorce. It may be possible to move out of the state if it is undisputed or if the judge allows it. It would have to be settled in the courts if you can not agree.

As always please consult with an attorney in your area prior to making any legal decisions.

Good Luck!

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 11/17/08, 2:15 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Child Custody Move out of State

Yes she can leave without your permission. You can also go to court to secure orders regarding custody. The judge may tell her to leave the children with you. You should retain legal counsel right away.

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Answered on 11/17/08, 5:53 pm


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