Legal Question in Family Law in California
A final judgment was made for my sons custody and visitation schedule. The father and I both have shared legal and physical custody. My son lives with me 80% of the time. The final judgement states that "The childs address shall not change without the other parents written consent or court order." Does this apply to both of us or only me because my son lives the majority of the time with me? His father moved without telling me and I am planning on moving to a county about 40 miles away due to better cost of living and family hardship. Should I take him to court, do I ask him permission to move, should he have asked for my consent? Please advise. Thank you.
1 Answer from Attorneys
Logic dictates that since a child is with you 80% of the time, the court order is referencing your house as the child's residence. What you're seeking is a request to move away. If father does not consent to this arrangement, you must file a motion to determine if the court rules that this move is in the child's best interests.
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