Legal Question in Family Law in California

Can mother move out of state?

I lost my job unexpectedly on March 19, 2009. I have joint custody with primary physical custody. The divorce decree is silent regarding move out of state, however, the language states that each parent must give 45 days written notice when a move affects the ability of one parent to regularly see the child. Can I move to New Mexico to get a job with 45 days notice to accept employment?


Asked on 5/26/09, 2:18 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can mother move out of state?

The notice requirement is to provide time for him to file a OSC with the court to prevent your move away. You should either have an agreement with him, in writing for you to move away, or a court order before you accept employment in New Mexico. Move away cases are very complex, retaining counsel to assist you will increase the probability of your success.

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Answered on 5/31/09, 12:34 pm


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