Legal Question in Family Law in California

Child Custody - Move out of state

Mother has full legal & physical custody. Father does not have visitation. The father abused the child as a newborn, was criminally prosecuted and plead guilty. Served 4 years in jail and is now on probation with a no contact order for the mother and child for 3 years. The mother wants to move out of state. She currently lives in CA. What steps need to be taken before the move can occur?


Asked on 1/01/08, 9:49 pm

2 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child Custody - Move out of state

Look at the previous order. If there is nothing stated as to whether you can move or not, and given that the father cannot contact you or the child for 3 years, I would say it's reasonable to move away. If you want to simply play it safe and have a court order, then file an Order to Show Cause for a move-away order.

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Answered on 1/02/08, 2:38 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Child Custody - Move out of state

I would suggest that you play it safe in this type of situation and go for the OSC to move. With a court order in hand you have alot less to worry about with the ex.

Feel Free to contact me if you would like to pursue this matter.

Good Luck!

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 1/03/08, 6:52 pm


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