Legal Question in Family Law in California

Re: What do I do if I my job transfers me 5 hours away for Move-away rights

It has been my experience that when the custodial parent wishes to move for a legitmate reason the court is less likely to change to custody. The court is most likely to change custody if it appears that the move is for the purpose of frustrating visitation. Ofter the court will order the moving parent to pay the costs of visitation. This may range from the extra costs that result from the move to all of the costs of the visits.

Assuming that the child lives primarily with you and it doing well, it is very probable that the court will not change custody.

The age of your child would be a consideration. If your child is a junior or senior in high school and father will keep the child in the same school the chance of the court changing custody is greater.

Re: What do I do if I my job transfers me 5 hours away for Move-away rights

I am not in complete agreement with the two other responses. The atty from Utah may not be totally familiar with CA law in this area. The other atty was closer to the mark.

The issue is whether or not you are the custodial parent in fact. In other words, whether or not the child is with you at least 70% of the time. If that is the case, and assuming the move is not being done solely to frustrate visitation, you will be able to move and, in fact, your ex is not entitled to a new review of custody. All he can argue is that the move is to simply interfere with visitation or that the move is clearly not in the best interests of the child. Very tough.

The age might matter if the child was a teen and wanted to stay with dad. That's about it, though.

This was decided by our supreme court in the Burgess case, April 1994.

Re: What do I do if I my job transfers me 5 hours away for Move-away rights

The court will decide what is in the best interests of the child in relation to the custody issue. You are entitled to take the transfer but the court may not be pleased with your taking the child away from its father. You will need to present all of the facts to the court.