Legal Question in Family Law in California

What is the maximum distance I can move with joint custody?

I share joint legal and physical custody of my 8 year old daughter. I want to move to the next town north of here which is 45 minutes away from her school. We are not able to buy a home in this area that is why we are moving. My daughter's father objects to this move. Am I within my legal limits to move 45 minutes north? I plan to keep her in her current school and do all the driving so he will not have to go out of his way. It is in the same county and only 30 minutes to his home. Does he have a good argument to obtain sole custody of my daughter?


Asked on 12/20/05, 8:13 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What is the maximum distance I can move with joint custody?

If your move does not interfere with or signficantly increase the burden on him for visitation he probably has little to complain about. The only consideration is whether or not the move creates an increase in danger to the child. If he does not agree to the move you can file a motion and request an order allowing you to move, and ask the court to order him to pay attorney fees and cost. An award of attorney fees would be on the ground that he was unreasonable in refusing to agree to a reasonable change in your residence.

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Answered on 12/20/05, 10:12 pm


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