Legal Question in Family Law in California

Moving out of the county in a joint legal/physical custody situation

I am divorced and have twin girls, just 2 yrs old. My ex husband and I have agreed to joint legal and physical custody of our daughters and have signed that in our divorce agreement. I work in law enforcement and am now in a relationship with a man who is also in law enforcement, who has full custody of his three children. What are the chances of me being able to move out of the county, within 2 1/2 hrs from my current loc? Our custody agreement is not specific as to specific days we have the girls. We have had them on our days of. He has set weekends off, and my sched of course changes. If I get stability in my new job sched do you think a judge would find it unreasonable to set custody to every other week? I know that the childrens father will not agree to this easily. Any advice is greatly appreicated in how to best go about this. Thank you for your time.


Asked on 10/31/00, 1:35 am

2 Answers from Attorneys
Michael Gray Barber & Gray, LLP

Re: Moving out of the county in a joint legal/physical custody situation

Each case is so different in this situation that no one can really give you a good answer. Clearly, so should do all you possible can to get an agreement from the father. You might try mediation. A judge could go either way on this.

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Answered on 11/16/00, 7:03 pm
Adam Gurley Law Offices of Adam N. Gurley

Re: Moving out of the county in a joint legal/physical custody situation

I would like a litte more information at to the current time-share. Is it 50-50? Do you have a much higher custodial time with your daughers? If so, you could argue that you really have de facto physical custody. If you can show that you have physical custody, a Californa Supreme Court case called In Re Marriage of Burgess would give you great support in your desire to move. If in fact you have a joint physical custody arrangement, I see no reason why you could not have a week with you and then a week with him. Obviously, this would not work forever. When the girls are in school, this would have to change. In any event, most custody disputes are resolved through agreement, rather than what a judge orders.

Adam N. Gurley

415.334.8439

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Answered on 11/16/00, 10:19 pm


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