Legal Question in Family Law in California

If a mother has sole legal and sole physical custody of her child, does she still need the fathers permission to move out of the State?


Asked on 2/20/11, 3:34 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

With sole custody you typically do not need permission to move. However if it will impact the fathers visitaiton rights then he would have a reason to object. It is therefore always a good idea to inform in writing the other parent of your inention to move and request whether he objects or has no issue with the move. If the move will severely impact his visitation then he would have reason to object and he might bring you to court to have the court prevent the move away so that he does not miss out on his visitations.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/21/11, 12:52 pm


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