Legal Question in Family Law in California

How to file and how long dose it take to file a potition to move a child out of

My son is a single parent, raising his son. He has joint custody. The mother of the his child lives 400 miles away in Simi Valley, California. He & his son live in Galt, 30 miles east of Sacaramento. In the divorce degree it states that Brandon (the son) must remain in Califonia. Brandon's mom has agreed to let Richard (the father) and Brandon relocate to Oregon. Brandon is a severe asthmatic and both Dad and Mom feel it would be better health wise to move to a heatlhier area. And Brandon will be closer to family (his grandparents) which can help when he is sick, so his father won't have to miss work as often. But what forms does he need and how does he go about it. His father doesn't have any money for another attorney. He have paid an attorney $3500 already and owes his $1555.00 yet. Can you tell us what he has to do? The mother said she will sign a paper stating it is alright with her. Thank you so much!


Asked on 7/15/02, 4:01 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: How to file and how long dose it take to file a potition to move a child out

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Someone needs to prepare a STIPULATION modifying the JUDGMENT OF DISSOLUTION to permit to father to remove and relocated the child's residence from California. When the stipulation is signed by both parties, submitted to the court, and approved and signed by a judge, it becomes a court order. It should not cost more than a few hundred dollars to have everything done by an attorney provide the parties really are in agreement.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 7/17/02, 4:37 pm


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