Legal Question in Family Law in California

Can I move out of state?

My son's father agreed to let me take our 7 year old son to Arizona to live full time. We currently have joint physical custody and I have primary custody according to a court order in California where my son was born. Do I have to go through the courts or can I just get a notorized statement from his dad allowing me to go? Also, his dad says that since the cost of living is lower in AZ, he will be deducting $79.00 per month out of the court ordered $479. per month and that would be on the notorized document as well. He will not sign to let me go unless I agree to the reduced support. His visitation would equal what is currently court ordered but different times of the year instead of every other weekend. I already quit my job and accepted a job in Az after he said it was ok and before he changed the support. I am not as concerned with the support as I am with my ablility to go at this point.

Thank you for your help.


Asked on 7/05/04, 4:41 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can I move out of state?

Agree to the reduction in support, since you state that the support is not important to you. After you have established yourself in Arizona, you can request a review of child support. If child support is not set at guideline you do not need to show a change of circumstances for the court to have jurisdiction to modify it. The Arizona and California agencies responsible for enforcing child support orders will bring the motion without cost to you.

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Answered on 7/06/04, 11:06 pm


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