Legal Question in Family Law in California

You should not move out of the county without obtaining permission of the court first, or permission of the other parent. I had a consultation earlier this week with a mother who lost custody because she moved from the county and she now wants to appeal, which is very expensive and difficult. Whether a court would allow you to move is a difficult question to answer since there are many factors that go into a judges decision to allow a parent to move away from the other parent. You are best to retain an attorney who handles

child custody matters who can go over all of the factors and the tendencies of the judges in your county. I recently taught a seminar to attorney's on move away requests in the El Cajon court and can tell you that no one should give you a straight yes or no answer to the question, but an experienced attorney can give you some good direction and preparation for the requests. You should file petition for paternity and a motion to request that you be alloed to move before yuou attempt to just up and move. This motion could take months to resolve since the other parent will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. If domestic violence has occurred my best guess is that you will be allowed to move, but you should have an attorney as this is a difficult motion.

Good Luck, Pat McCrary