Legal Question in Family Law in California

Re: Child Custody & Moving

If the father is opposed to the move, then you shouldn't move unless you first go to court for an order allowing you to move. If you simply pick up and move, the father could get a court to order you to come back because you will be in violation of the visitation order. You state that the father has supervised visitation. Well, if you moved to Arizona, let's say, then you would still probably be able to drive your daughter to the visits, although the drive would take several hours. If you move to the United Kingdom, how will you be able to ensure that the visitation order will be followed? You will be in contempt unless you first go to court and ask for modification.

Re: Child Custody & Moving

No court can prevent a parent from relocating to another city or state. However, courts are concerned with how a move will affect a child. A court can prevent relocation of a minor child if it fears that moving a child away from a noncustodial parent would have a detrimental impact on their relationship.

Nowadays, people relocate for a variety of reasons. In instances where there is not a joint custody arrangement, the noncustodial parent must show that the intended move would be detrimental to his relations with the children. If the noncustodial parent is able to show a move will be detrimental, the court will then determine whether a change of custody is in the best interests of the children.

So, you don't necessarily need to stay here. However, if your ex is going to fight it, you may have to convince a court that the move is within your child's best interests.

I hope this was helpful.

Thank you,

Kendra

Re: Child Custody & Moving

I agree with Ms. Healy. It sounds like you need to get a court order since you are planning on moving out of the U.S.

Re: Child Custody & Moving

you can move so long as it doesn't interfer with father's visitation rights. since it would, then you need to go back to court and modify the order. it can be done.