Legal Question in Family Law in California

Re: Can I leave the state?

This is a question in an area of law that has just undergone drastic change.

Up until a couple of weeks ago this issue was controlled by "The Marriage of Burgess" which was adopted by the Legislature as public policy in Family Code 7501. However, the California Supreme Court has just handed down a decision, to wit: " Marriage of LaMusga" which makes it much more difficult for one parent to move away with the children.

If you intend to proceed with your intended move it would behoove you to seek the other parent's agreement. If you need to go to court, I very strongly advise that you retain the services of competent counsel to assist you - and even then you have absolutely no guarantee of success.

Regards, Damian Nolan

Re: Can I leave the state?

Your question is more difficult to answer following the recent California Supreme Court opinion which has changed the burden on both the parent who wants to leave and the parent opposing the move. Your best bet is to attempt to reach an agreement regarding a new visitation plan. One possible solution is for each parent to install high internet service and a web cam. This would allow the child and parent to continue to see each other. Then offer a lengthy summer vacation, Christmas vacation, Thanksgiving and other vacations. A compromise is more likely to be something you can live with than an order by the judge.

Reply: Can I leave the state?

This is a very complex area of the law, one that is changing rapidly.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Can I leave the state?

Approach the court and get their blessing before a hassle is created for your new family. Try to set up a good visitation plan that both parents can agree to. Likely best if approached using counsel to assist.