Legal Question in Family Law in California
My daughter's father and I share joint custody and I have physical. I want to move to another state to better financially provide for her, and the situation will be more stable for both of us. How should I go about this legally?
We would be moving in with my boyfriend, whom I plan on marrying. Is the fact that we are not married going to make my chances less in my favor of moving with my daughter?
2 Answers from Attorneys
You file what is known as a "move-away motion." Technically it is a motion to modify custody and support. If you have a designation of where the minor child must reside, in the current order or judgment, you have to move to change that too. Your marital status shouldn't have any effect on the outcome, unless there is some problem with your boyfriend in terms of being suitable as one of the adult heads of household for your daughter in the new home.
I can assist you in filing the proper OSC with declarations to assure your success. Contact me directly.