Legal Question in Family Law in California

Moving child out of state

My child's father and I currently have joint physical custody, and I want to move to Arizona and he wont give me permission. He has 30% Custody, is supposed to pick her up 2-3 days per week, he has only seen her 3 times this year, and dosen't bother to call her. He stated that he'd agree to give me permission if I discontinued the child support order. Is this fair? What are my option, as far as changing the custody papers and child support issues?


Asked on 9/16/05, 1:15 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Moving child out of state

Please call again as your telephone number was cut short. Thank you for your kind attention to this matter.

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Answered on 9/16/05, 8:44 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Moving child out of state

You have a "presumptive" right to move, however, that does not mean a great deal. I taught a seminar of attorney's on this issue a few months ago. My advice to them was to make sure that they cover all of the rellavant facts, which are many, in the trial court because the ability to overturn this on appeal is slim. You do need an attorney on this. Good Luck, Pat McCrary

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Answered on 9/19/05, 7:02 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Moving child out of state

This is a rapidly changing area of law. To protect your rights and assure that you maintain primary custody, I would recommend having the matter brought before the court. Call me directly at (619) 222-3504.

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Answered on 9/16/05, 1:08 pm


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