Legal Question in Family Law in California
Grandmas plea
My daughter has a 5 yrs old daughter and they (my daughter and her x boyfriend) have all ready been to court, they both got joint custody. My daughter wants to move to san bernadino county from la county to be closer to me, i am going to help her get a job and a apartment,,but the father stands in the way. What is the first thing she should do. Can the court tell her she can not move? My dughter has her monday nite thru saturday morning and he has her on the weekend. Please give me some advise on what to do.
3 Answers from Attorneys
Re: Grandmas plea
The easiest and cheapest way for your daughter to move with the4 child would be with the father's consent. Therefore, the first thing to do is speak with the father and try to secure his agreement.
If the father is still not agreeable, then, depending on the existing court orders which may state that neither party may remove the child from Los Angeles or other counties, your daughter will need to seek the court's consent to allow her to move with the child.
If the court's approval becomes necessary, then I would advise you that a move-away request is very often extremely contentious and is a complex area of the law in which there is a lot of case precedent. I would very strongly advise that your daughter retain the services of a Family Law attorney to assist her.
Kind regards,
Damian Nolan
Re: Grandmas plea
The first thing you/your daughter should do here would be to hire an attorney to review the existing court orders that are currently in place. Thereafter, your daughter's rights can be properly and legally advised in respect to her relocation goals right now. Secondly, any change of circumstance can be effectively handled with a timely OSC hearing (order to show cause). If you/your daughter would like further assistance in one or all aspects of this legal situation, contact us today for complete, affordable help.
Re: Grandmas plea
You could attempt to negotiate an agreement with father. I do not know the distance between his home and your home. Offer to provide the transportation one way or to meet half way between the homes for the weekend visitation with father. To reduce the amount of travel you could consider longer visits, such as Thanksgiving weekend. These longer visits may not work with a 5 year old. If that fails then retain an attorney.