Legal Question in Family Law in California

Child Custody - Relocation

I currently have joint-primary custody of my daughter. Her father lives in Alameda County and we reside in San Joaquin county over 60 miles away. I lost my job and have been commuting to Santa Clara County. I found someone to rent out my home and have found a place to live near work. Where I would like to live is about 13 miles away from her father and he doesn't want to allow me to move until he asks the judge to grant him custody so that she can start a new school with him instead of with me. I have another child and my daughter will have a room she will share with her little sister and her dad lives in a one bedroom apartment with who knows how many girlfriends. Do I have to wait to move or do I need his permission first? He said he would sign something if I agree to waive his arrears in child support or agree to have him pay less money.


Asked on 12/11/07, 2:07 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Custody - Relocation

He is just trying to take advantage of the situation. Courts will often order a parent that moves to return the child to the area where they were living. However, in your case the court is unlikely to take such drastic action as you are moving closer to father's home and not farther away.

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Answered on 12/15/07, 1:50 pm


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