Legal Question in Family Law in California

Re: Legal move

I assume that you are asking how far you can move and take your child with you. If so, there is no "one size fits all" answer to your question. Should you and your ex take this question to the court, the determining factor will what is in the best interests of your child. You will not have to show that it is "necessary" for you to move, but that it is in the best interests of the child to stay with his or her primary caretaker. At 3 years old, that probably will not be a difficult argument to win, so long as your ex has liberal visitation.

Re: Legal move

Up until a couple of weeks ago, moving from the area with your child would not have been difficult. The issue was controlled pursuant to the holding in "The Marriage of Burgess." However, in the past couple of weeks the California Supreme Court made a ruling in the case of "Marriage of LaMusga." Now the court will conduct an alysis to determine that your move is in good faith and is in the best interests of the child.

If you are seriously considering the move, please retain an attorney to assist you. Eventhough there are no guarantees of success, your chances are greatly improved with assistance of counsel. In any event, if you are allowed to move, the other parent will seek and most likely receive liberal visiation.

Regards, Damian nolan