Legal Question in Family Law in California

I would like to move out of state but my divorcee decree states I need to receive my ex-wife permission to do so. I am the primary custodian with joint custody and neither one of us pay child support. How difficult would it be to file and get the courts permission to leave the state?


Asked on 12/27/11, 3:39 pm

5 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

If your ex is in agreement with the move, you need to do a new parenting order to reflect this. If she objects, you will need to file a motion requesting the move. Your chances on getting a change has everything to do with the child's best interests as well as the child's ease at continuing with a regular visitation plan with their mother. You really should consult with a skilled family law attorney to explore your legal options.

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Answered on 12/27/11, 5:02 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Be prepared for the judge to order you to pay for the children to travel back and forth to see mom. The onus is usually put on the parent who chooses to move away.

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Answered on 12/27/11, 11:48 pm

The answers you have received are correct but don't address your exact question. The reason is that there is no way to predict an outcome for any move-away motion based on an internet question. An experienced attorney who has dealt with the judge who would hear the motion could make a reasonable but not certain prediction of the outcome. Anyone else is just guessing.

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Answered on 12/28/11, 12:55 am


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