Legal Question in Family Law in California
custody
my client is divorced from her husband and has custody of the two minor children and to present all have resided in california. she wants to move to north carolina due to a job offer there. she also has relatives living in the area. her husband has joint legal custody of the children and regular visitation rights. i need to know what the issues are concerning the affect of the move on the relationship between the children and their father.
3 Answers from Attorneys
Re: custody
Your client should get permission from the court to move the children from the State of California. That may not be easy since the Supreme Court ruled on Marriage of LaMusga. She should have a very experienced attorney if she expects that she can move. Good Luck, Pat McCrary
Re: custody
Your client needs to file a "move-away" motion. However, there are no guarantees that she will be successfull in her endeavor.
Until recently, the primary case on point was "Burgess" however, the California recently handed down a holding in "In re marriage of LaMusga in which in was stated that the court must make a determination regarding the best interests of the child before allowing a move-away.
Your client should very definitely retain the services of a competent family law attorney to assist her but she should realize - there are no guarantees.
Regards, Damian Nolan
Reply: custody
The most current case is IRMO Lamusga 12 Cal.Rptr.3d 356 (April 2004). If you are a self represented individual, consult with an experienced family law lawyer regarding your individual circumstances.
Good luck to you.
Brian Levy, Esq.
www.calattorney.com
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