Legal Question in Family Law in California

Re: Joint Physical Custody and moving

Does your order say anything about move-aways? Can you move, but must give notice first? Read your current order and see what it says. Then do whatever you need to do. If the father refuses to agree to the move, then file an OSC with the court to get court permission.

Re: Joint Physical Custody and moving

Since you have joint custody, you cannot change schools without his permission or a court order. However, your question is a difficult

question to answer since there are many factors that go into a judges decision to allow a parent to move

away from the other parent. The reasons that you give will not carry much weight with the judges that I have had similar hearings in front of. You are best to talk with an attorney who handles child custody matters

who can go over all of the factors and the tendencies of the judges in your county. I recently taught a

seminar to attorney's on move away requests and can tell you that no one should give you a

straight yes or no answer to the question, but they can give you some good direction and preparation

for the requests. If you hope you are going to move before school, you are probably too late. This motion could take months to resolve since father will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. You

should file your motion now if you want ot move. Good Luck, Pat McCrary