Legal Question in Family Law in California
Move Away...
Im trying to file for a request for a move away. I already sent my son's father a 45 day notice as our divorce papers request. He has denied it. What forms do i need to fill out to start the process. The court house was not helpfull.
1 Answer from Attorneys
Re: Move Away...
You need to file a motion to obtain a court order to allow you to move. You should not move out of the county without obtaining permission of the court first, or permission of the father. I had a consultation earlier this week with a mother who lost custody because she moved from the county and she now wants to appeal, which is very expense and difficult. Whether a court would allow you to move is a difficult question to answer since there are many factors that go into a judges decision to allow a parent to move away from the other parent. You are best to retain an attorney who handles
child custody matters. I recently taught a seminar to attorney's on move away requests in the El Cajon court and can tell you that no one should give you a straight yes or no answer to the question, but an experienced attorney can give you some good direction and preparation for the requests. This motion could take months to resolve since father will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. Good Luck, Pat McCrary