Legal Question in Family Law in California

Re: Custodial Parent wants to leave state

you can live anywhere you want

Re: Custodial Parent wants to leave state

Neither your ex nor the court can stop you from moving. However the court can control the movements of your child.

Prepare a proposed visitation plan, and present it to your ex. In my experience when the parties live that far apart, the visitation is reduced in number, but the length of the visits are increased. Such as he would have visitation on the three day weekends, spring, winter or what ever break in school occurs between January and the end of the school year. The major portion of the Christmas vacation, and Thanksgiving holiday. Most of the summer would be with your ex. Also you should expect to pickup at least half of the cost of transportation.

An internet connection, with a videio camera would allow them to maintain close contact without incurring the costs of airplane tickets for the visits.

Your child is 16 years old and should be consulted regarding the visitation arrangements. It should be made clear to your child that her concerns will be considered but that the parents will make the final decision.

If you cannot reach an agreement regarding visitation then follow the local procedure to have the court ordered visitation modified. In some counties, such as Santa Clara, you can contact the mediation department of the court and arrange to meet with a mediator to help resolve the issues. If that is not successful then you can file a motion to modify visitation.

Re: Custodial Parent wants to leave state

You are still attached to this man because you made a child with him. As the parent with physical custody you have the presumptive right to move the child. But the court can stop you from moving the child out of state. Have your current custody order reviewed by an attorney to tell you whether you need his consent or a court order to move the child. Good Luck, Pat McCrary