Legal Question in Family Law in California

Any moveaway whether it is 1 hour ot several hours is a big deal for the courts. In light of a divorce, you would need to get permission from the court to move away, since that will inevitably make visitations much harder. Many factors would come into play such as who is the primary caretaker and what is the custody visitation schedule. If you move away without his consent he may contact the police or file paperwork in court to get a court order making you come back. You should therefore get consent from him before doing such a move away.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

This answer should not replace the legal advice you should seek in an office consultation with an attorney skilled in the area of California family law.

To add to the above answer, you should know that the history of your parenting time share will play a big role in whether or not the court will approve the children's move. If the father has had a history of minimal time share with the children, then the court would be more inclined to support the move as long as you make adequate arrangements for the children to have contact with their father. If there was domestic violence in your relationship, this will be an important issue to call to the courts attention for your protection as well as the protection of your children.