Legal Question in Family Law in California

Re: Child Custody

There is a presumption that the custodial parent may choose where the child is to live. That means probably the custodial parent can move, but the answer is dependant upon a lot of facts. There is a current case pending before the Supreme Court of California which may change the rules concerning move-away rights of a custodial parent. If may get more difficult for you after the Supreme Court issues its ruling in that case. If you want a free consultation on the issue please call my office at 1-800-6-4MYKIDS. I can then go over the factors that the court will look at, however, if you are not planning on moving in the next 6 months, wait, because the answers to your questions could change. Good Luck, Pat McCrary

Re: Child Custody

Not enough info provided. What purpose for taking the child out of area? What do court orders say re this. Etc., etc., Contact counsel 800-685-6950

Re: Child Custody

Depends. If the effect of moving would be to make it more difficult for the non-custodial parent to exercise specified visitation rights, this could be grounds to have the non-custodial parent take you to court for contempt of the order. For example, say you live in San Diego and the non-custodial parent lives in Sacramento and you were moving to Reno, you would actually be moving closer so the move out of state would actually work to the non-custodial parent's convenience, not inconvenience. But if you were moving to New York, then it's another matter entirely. As a general rule, it is wise to contact a family law attorney for advice before just moving a child out of state, as it may be prudent to file for a modification of custody/visitation arrangements before you do so.