Legal Question in Family Law in California

Custodial parent moving out of state with children

My ex-husband and I have two children together (8 & 12) and I am the custodial parent. I currently have temporary (pending trial - currently we are not scheduled for trial) legal and physical custody of both children. The court adopted the custody evaluation that give my ex-husband visitation only. I also have a restraining order against my ex husband for domestic violence, as he is abusive toward me and our son, age 12. I would like to move out of the state with both of our children. What are my odds of the judge allowing me to leave?


Asked on 4/17/08, 1:45 am

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Custodial parent moving out of state with children

nobody can answer that question without a complete and detailed evaluation of all the factors. move-aways are not favored, but if you have primary custody and the father was found to have committed DV, then your odds are better than somebody with an equalized parenting plan.

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Answered on 4/17/08, 2:38 am


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