Legal Question in Family Law in California
Does a mother with physical custody have the right to move out of state if the father (never married) disagrees? Can the father prevent or delay the move?
1 Answer from Attorneys
The situation you described is referred to by the courts as a "move away" case. If the father has less than a shared parenting arrangement, the argument made by the custodial parent would be that the move should be allowed especially if the custodial parent will ensure that the child(ren) will have frequent ongoing contact with the non custodial parent. If the time share is similar to a balanced exercise of parenting time, then the issue the court must determine is with whom the children should reside...should they go with the parent that intends to move or stay with the parent in CA? It will be very important to fully explore your situation with an attorney skilled in CA child custody cases to assess you legal options.