Legal Question in Family Law in California

Joint leagal and physical custody move away

joint leagal and physical custody granted in marriage settlement agreement., Wife remarried and wishes to relocate out of state due to new husbands acceptance of out of state job. Visitation is approximately 60 - 40 wifes favor but only 84 days more with children than i in 2004. Which is why i'm deeply concerned my relations with my children is a every day verbal communication and every visitation is met with no interruptions or absenses in the last 4 years. I've worked hard to keep a close relation with my children and am concerned what stress this is causeeing then, their already showing signs of distress over moveing to another state and not being able to see me their understanding isnt clear as is mine. I need advice and direction as to what steps to take and how to properly

prevent from being taken out of state. My major dilema is I'm a single income father fighting two six figure incomes. My financial obligations are met as court ordered in financial support for my children and then some. Please help Father in distress


Asked on 4/21/05, 3:03 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Joint leagal and physical custody move away

You need to do what you can, recently visited by the supreme court this is an area of family law undergoing change.Call me directly at (619) 222-3504.

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Answered on 4/22/05, 6:42 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: Joint leagal and physical custody move away

This is a complex area of the law and you really should have an attorney to assist you. In fact, this area of the law is somewhat in flux and there are recent cases which need to be cited in your quest to keep the children here.

Regards and good luck,

Damian Nolan

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Answered on 4/21/05, 6:20 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Joint leagal and physical custody move away

You need to get a consultation with an attorney concerning the entire issue of moving the children. A recent court decision has substantially improved your chances of preventing the children from moving. I recently taught a seminar for attorney's on the subject and can assure you that this is a complicated issue that must be handled by someone with experience. By no means does mother have the presumptive right to move with the children. Much will also depend upon the judge that is assigned to your case as results can vary by judge. That is just another reason that you need an attorney who is familiar with your judge. Good Luck, Pat McCrary

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Answered on 4/22/05, 12:49 pm


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