Legal Question in Family Law in California

Move Away

My ex husband and I have two kids 11 and 13. Our court order states that we both have joint legal custody with me having sole physical custody. There is no visitation schedule and never has been, it has always been to his discretion. I am remarried and for the past 3-4 years we as a family have been hoping to move out of state. We have visited the state with the children and have researched the area's we are intrested in living in. I recently made the Ex aware of these hopes and he increased his visitation from about 15% to about 20%. I see nothing in our court papers indicating that we cannot leave the state with our children, but would like to handle this in a respectful manner. I am planning on informing him that we are hoping to move in 6-7 months, I am willing to pay for airfare for one child and he can pay for the other, I am willing to give him longer winter, spring, summer visitations. I just need to know if he file's papers with the court does he have the ability to make us stay in CA? Especially since he just started increasing his visitation as soon as I made him aware of us wanting to move? Also, if he is willing to work with me, would it benefit me to have a lawyer draw up a visitation agreement? Thank you.


Asked on 7/26/05, 5:10 pm

2 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Re: Move Away

In a general sense, it would benefit you to have an experienced family law lawyer prepare a stipulation & order to modify the underlying custody\visitation orders.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Read more
Answered on 7/26/05, 7:55 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Move Away

Getting permission from the cout to move the child out of state is not a simple proposition, even when you have physical custody. If you leave the state without his written permission (preferably a court order) or a court order you to return the child pending a determination which can take months. Ask for permission now, if it is not given, file a motion and get the process started. Good Luck, Pat McCray

Read more
Answered on 7/27/05, 11:18 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California