Legal Question in Family Law in California
moving
I would like to move my daughter approx. 2 and 1/2 hours north of where we are. My ex-husband has custody every other weekend,(if he does not cancel out). My current lawyer disagrees with my wanting to move and says that it could take months for a court hearing in order to give my ex-husband a chance to contest my move. In your opinion, is it really that hard to move 2 and 1/2 hours away? We have a meeting point right now that takes my ex-husband and I each 45 minutes. If I were to move, I would be willing to meet my ex-husband at the same point. I do not receive child support and am living with my parents currently, as I cannot make ends meet alone. My fiance lives 2 and 1/2 hours north and that is where I would like to move, for financial reasons as well as other reasons. Any knowledge on this would be helpful. Thank you.
2 Answers from Attorneys
Re: moving
There is case law regaring move aways and depending on the totality of your circumstances you may well be able to move away with your child. As you are currently represented, you really should speak with your attorney and request that he/she file the necessary motion with the court. This reply is not and should not be construed as a solicitation and I reiterate that you should speak with your current attorney.
Re: moving
from the facts given, your moving situation is not as "complicated" as you have been led to believe, especially since you have constitutional travel rights on your side here. thus, if you would like a free phone consultation regarding this situation, your rights and options legally, email us directly with your contact information today.