Legal Question in Family Law in California
moving a minor
i have a 7 year old with my ex-husband. i want to move 4 hours away, but leave visitation on weekends the same. the child's father will not agree to the move. i have been told by a few attorney's that it is very difficult to win a move away case. most no longer take that type of case. is there any thing i can do legally to force the move? any input would be appreciated.
2 Answers from Attorneys
Re: moving a minor
It is hard to win a move-away case, however you generally don't need a move-away order if you're remaining within the state. I say generally as sometimes existing custody orders will restrict this.
Re: moving a minor
I guess that depends on the judge that hears the case. There is still a presumptive right of the primary custodial parent to move. Talk to an attorney who has actually tried some of the cases in the court where your case will be heard. I just taught a seminar on move-aways and neither I nor the attorney who taught this with me believed that move-aways were almost impossible to win. Good Luck, Pat McCrary
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