Legal Question in Family Law in California

Joint Physical Custody vs Physical Custody

My husband is now requesting joing physical custody of our child in the belief that if he has joint physical custody that I will not be allowed to move out of the area with our child unless I have his permission. I currently do not have plans to move, but who knows what will happen in one or two years? I do not want him to be able to control my life. My attorney said I would have to give him a 30-45 day notice anyway and the court would decide if I could move if he objected to the move. Is this any of this correct?


Asked on 2/26/01, 4:17 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Joint Physical Custody vs Physical Custody

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. That notwithstanding,

it depends to a large extent upon what your judgment

says. What your attorney is telling you may or may not

be correct but it sounds reasonable. And judges often

decide in favor of what's reasonable.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Read more
Answered on 4/20/01, 3:09 pm


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