Legal Question in Family Law in California
child.custody
Can a father prevent his daughter mother from leaving california and moving to a foreign country to keep her away from him?I
3 Answers from Attorneys
Re: child.custody
The California Supreme Court, in the 1996 Burgess decision, held that a custodial parent cannot be prevented from moving with the child, and the non-custodial parent is not entitled to a de novo review, unless it can be shown that the move is solely to interfere with visitation and/or it is clearly against the best interests of the child.
Re: child.custody
Yes, provided your daughter is a minor and your marital separtion agreement, if any, does not specifically allow it. You will need an experienced child-custody attorney to have a chance at prevailing.
Re: child.custody
I believe you are discussing a minor child. If your daughter is still a minor then you may file the appropriate pleadings with the court to prevent the mother moving out of US or to another State with the minor child. If you need to further discuss your options and you live in Southern California you may contact me for a free consultation at 310-839-7700.