Legal Question in Family Law in California

Move Away to Another Country

I have sole physical and joint legal custody of my daughter for 11 years (she is now 14). Her dad had 6 dasys per month visitation until we were permitted to move under the Burgess ruling when she was 6 for me to attend graduate school. We moved again when I transferred schools, without needing permission, and without fuss from her dad. I am now in applying for a position out of the country (I have applied for several here, but have been unsuccessful.)As we have not lived in his area for 8 years, he sees her alternate Christmas's and for 8 weeks in the summer, can he stop us? Given the choice, she woul want to stay with me. I never officially moved the child's jurisdiction to the current location.


Asked on 6/21/04, 10:15 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Move Away to Another Country

The Burgess case is no longer the prevailing case on move away issues. If you can establish that your daughter can see her father on the same schedule, there probably will be no problem in moving, assuming your daughter wants to move with you and not stay with her Dad.. You need to obtain Dad's written permission or permission of the court in order to make the move. Good Luck, Pat McCrary

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Answered on 6/22/04, 1:05 pm


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