Legal Question in Family Law in California

We have joint custody of my two children. I would like to move 45 miniutes away. Which is in a different county to be with my family. I do not have any family here. Will I have a problem? Can the father force my children to stay when I am the custodial parent and he gets the children Monday and Wednesday from 3-7 and every other weekend.


Asked on 7/26/10, 10:14 am

1 Answer from Attorneys

The county doesn't matter. The distance does. Do you intend to ask to modify the visitation plan? If not, are you willing to do the driving? If so, you should have no trouble. If you want to modify the schedule, you'll need to come up with an alternative that gives him as much time with them or more if you want to be absolutely sure of no problem. That doesn't mean the move will be denied if you need to cut back his time, but if you propose a cut, you will have a lot more explaining to do as to why this is necessary and no schedule that keeps his time intact is viable.

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Answered on 7/26/10, 6:23 pm


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