Legal Question in Family Law in California

Re: Move out of State with Minor Child

Currently, Family Code 7501 and caselaw - most notably, Marriage of Burgess, control. However, there is a case currently before the California Supreme Court which may change matters drastically. The decision will come down in the next few weeks.

At this moment, you may prevail, although 35% is no small amount of visitation. I believe you are in for a battle and it would be better for all involved if you settle the matter.

If nothing else, please ensure that you use the services of an attorney if you intend to proceed with the move away. Without such assistance, you are likely to fail. Even with an attorney, there are no guarantees. The court will look to the child's best interests.

Regards, Damian Nolan

Re: Move out of State with Minor Child

You are asking questions about issues that were argued by attorney's before the California Supreme Court on February 9, 2004 and we are waiting for their decision. With a 35% timeshare this is no slam dunk issue for the court. Talk to the other parent. One local judge in San Diego County is fairly predictable on these issues. He would allow you to move but then give the other parent all summer, all winter break and all spring break. You would also be required to contribute or possibly pay all of the transportation costs for purposes of visitation. Talk to an attorney who handles child custody cases in the county in which your case is filed. He may give you some suggestions for negotiation with the other parent and could save you thousands of dollars. My last move away contest cost about $11,000 per side, and I am a conservative biller. Good Luck, Pat McCrary