Legal Question in Family Law in California

joint custody

If my ex husband and I get joint

custody of our son but he lives with me,

can I move out of state with my son, or

can he interfere and not let me take

him?


Asked on 5/16/09, 3:00 am

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: joint custody

He can interfere. This is the subject of "move aways," You can't just move and interfere with his visitation schedule. You need to get the court's permission. This is a complex area, but at its simplest, if you are the parent who the child lives with the majority of the time, your move away request is based upon your valid reason for moving -- you have a job offer, you are returning to where your from where you have family to help you with your son, you have a new relationship and that's where that is, etc. It's just that your reason can't be that you hate your ex and want to keep him away from your son. That being said, your ex can seek a child custody evaluation wherein a psychotherapist may analyze the situation and make recommendations to the court about the best interests of the child. Again, at its simplest that is, what would the situation be if the child stayed with Dad, what would the situation be if child moved with Mom?

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Answered on 5/16/09, 9:18 am


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