Legal Question in Family Law in California

The parent who has primary custody of the minor child has the presumptive right to move the child outside of county. Your scenario is a bit confusing but it seems like you have visitation and the ex-wife is the primary custodian. If this is the case and you have been able to do weekend visitations for the past 6-9 months I think you will be fine. Move-Away issues are with the primary custodian. Lastly even if you were the primary custodian she cannot force you and your husband to stay in San Diego. The issue would be whether or not a custody modification needs to be made due to your move. In this case you are stating you have weekend visitation and you continued to have weekend visitation. That's a pretty good case that the status quo works. I would however speak to an attorney in your area that knows the local rules and judges.

If you are the parent who has what is called "primary custody" then you can most likely move the child wherever you like. I just had a client do this herself. She had primary custody, moved to London. Of course I am just offering free advice: a local attorney might find other issues that neither you nor I are aware of.