Legal Question in Family Law in California
My husband and I would like to move out of state (5 hours from current residence) as a substantial job opportunity has presented itself. I am the primary custodial parent to my 4 1/2 year old daughter. According to the court order between her father and I, we have 50/50 custody both legal and physical with visitation for him at 2 days a week. In reality, visitation is inconsistent and has even been nonexistent for months in the more recent past. He has also never exercised his legal parental rights like participating in educational or medical decisions. That being said, am I legally bound to remain at my current location without written consent to move from my daughter's father?
1 Answer from Attorneys
Written consent isn't really even enough to be safe. You need to go back to court for a modification of the custody and visitation order. "Move-away" proceedings are tricky things. You have a good case for one, but they are never slam-dunk winners for either parent. I cannot recommend strongly enough that you retain counsel to assist you.
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