Legal Question in Family Law in California

The answer provided to this question is general in nature and CANNOT replace the advice given by a qualified attorney during a confidential office meeting designed to fully explore your legal options.

Filing the divorce action involves submitting a petition to the court where you have lived for at least 3 months in the county and 6 months in California. The issue of child custody is somewhat more complicated. The California courts wish to ensure that the child has frequent and continuing contact with each parent. Obviously, if the father consents to the overseas move, then a court order reflecting his agreement would best protect that arrangement. If the father objects, then the court may have to decide the best parenting palcement and custody plan if the parents cannot agree. Child custody outcomes are unique to each family system and consequently a full evaluation of your particular situation by an attorney experienced in the field of family law and child custody is essential.

California courts do not favor over-seas move-aways unless the parent remaining in the U.S. agrees. If you have factors that would demonstrate that the parent remaining in the U.S. would be unsuitable to have custody, that would change things. Without knowing all the facts, circumstances, details and evidence, however, there is no way to predict an outcome unless the other parent agrees.