Legal Question in Family Law in California

Re: Moving a child

Well you won't have any say unless you file and ask the court for assistance in the matter. Contact me directly.

Re: Moving a child

Well you won't have any say unless you file and ask the court for assistance in the matter. Contact me directly.

Re: Moving a child

If you file the dissolution action there is an automatice restraining order preventing moving the child from the state. In the long run the result does depend upon the judge. That is a difficult issue to give an ultimate opinion since there are many factors that go into a judges decision to allow a parent to move away from the other parent. You are best to talk with an attorney who handles child custody matters who can go over all of the factors and the tendencies of the judges in your county. I recently taught a seminar to attorney's on move away requests and can tell you that no one should give you a straight yes or no answer to the question, but they can give you some good direction and preparation for the requests. If she thinks she is going to move in the next two months she is sadly mistaken. You should file action for dissolution to get the restraining order in place. Whe would then need to file a motion to get permission of the court. This motion could and probably would take months to resolve since as father you will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. I am familiar with the judges in South Bay and would be happy to talk to you about your case and what your best strategy would be. Good Luck, Pat McCrary