Legal Question in Family Law in California

Re: Custody and moving to a different state

How you proceed depends on what the order says. It's standard to have a 30 day notice to the other parent and/or court approval, but yours doesn't sound standard. Check the order for any kind of restriction to moving out of state. Just to make sure, you may want to file an "order to show cause" on a motion to move your child out of state.

Re: Custody and moving to a different state

As a general rule the best approach is to either obtain writtne consent from the other parent or a court order allowing the move. In your case you would want to request an order that you can move not only to New York but to any other location where your husband is assigned while on military duty. The less contact father has with the child the easier it will be to convince the court that it will not be detrimental to the child for you to move out of the area. The violent history of father will be beneficial to you if you have to go to court for an order allowing you to move. The question is whether father has taken any steps to control his alcoholism and control his temper. If he has not then allowing contact with the child could detrimental to the child.

Re: Custody and moving to a different state

Since I do not know what your orders say, I cannot respond fully. I would, however, get the approval of the court. Set OSC re this. You will likely, unless not necessary from prior orders, to notify other party.