Legal Question in Family Law in California
I live in CA with my 2 yr old son. I'm not married. Father lives in CA also and we never married. I want to move to AZ. Can I?
4 Answers from Attorneys
That depends primarily on the father's percentage of visitation. If it's over 35%, then it's up to the judge and the focus is on the best interest of the child. If less than 35%, you can almost certainly move, and the test is: Will the move be detrimental to the child? That is a much different standard. Also, you need a valid reason to move, and it can't be to cut off the father's visitation rights, such as a new job, getting married, moving in with your parents, etc. Good luck.
There is no bright line as to the timeshare concerning parenting move away cases. Every case is unique to the family system in question, however as a general rule, the less the time share is, the greater the probability the court would be amenable to allowing the primary custodial parent to move.
The first question is whether you even have any kind of custody and support order. If not, you are free to move, although the California courts will retain jurisdiction over the child for six months and the father can bring an action for custody within that time in California.