Legal Question in Family Law in California

Can I move from California to New Mexico with my child if there is no court ordered custody in place. Do I have to ask the other parents permission or can I just move? Also once I move I want to file for custody will they make me move back to california if i do that?


Asked on 2/17/11, 6:31 pm

1 Answer from Attorneys

James Chau Law Offices James Chau

If there is no court ordered custody then technically you both share custody of the child equally without restrictions. Techincally you could move, and I have seen parents do it before. However, this avenue is risky in that if your ex decides to file paperwork and serves you immediately after you move, he may get a court order requiring you to move back to CA. That would be risky and costly to do so with such short notice. Thats why it's often best to discuss and request that you be allowed to do so, before you go, so that you do not run into these dramatic showdowns.

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, 1:21 pm


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