Legal Question in Family Law in California

I live in the state of California and have joint physical and legal custody of my son. According to our custody papers from the court, my ex has my son most of the time, with my visitation being every other weekend and 6 weeks during the summer along with several school holidays. Two years ago, she and I both signed a paper stating that we would essentially "reverse" custody where my son now lives with me and sees his mother every other weekend. The court documents state that "if a parent moves that will affect the visitation rights of the other parent, the moving parent must give a 45 day written notice". I am looking to move out of state and take my son with me. If I send my ex wife a 45 day notice is this sufficient or do I need to hire an attorney and return to court in order to make this move? If I have to go to court, are my chances good that I will be allowed to move out of state with my son?


Asked on 7/26/10, 3:58 pm

1 Answer from Attorneys
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You need to go back to court anyway and have the custody and visitation order modified and signed by a judge. Then you can ask the court's permission to move out of state. Permission to move is usually granted, so long as you can come up with a reasonable visitation schedule. You may have to pay the travel expenses incurred that result from the move.

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Answered on 7/26/10, 9:34 pm


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