Legal Question in Family Law in California

Hello, I have full physical and legal custody of my child. I also have a restraining order against my child's father. My question is do I have the right to move out of San Diego county (I am thinking around an hour away) with my current legal status with my child or do I need permission to move with my child? Currently the father sees my child Tuesday - Wednesday and every other weekend. The current visitation schedule has been set by the mediator but are not final until our upcoming court date in Feb 2016. The cost of living in San Diego is to high and does not allow me to provide much. I am also fighting for child support since he currently only provides around $250 a month from a verbal agreement between him and I but it is just not enough. Regardless I would like to move out of San Diego to be able to provide more for my child and I. So what is the best approach to achieve this with my current situation?


Asked on 12/29/15, 11:21 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

The safest step would be to wait until the court makes a determination on relocating before you move. You could risk having the court issue an order denying the child's relocation. Typically the judge would support relocating to a short distance if the current parenting plan can be sustained. Please meet with an experienced family law attorney to explore your legal options.

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Answered on 12/30/15, 12:18 pm


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