Legal Question in Family Law in California

Re: Moving out of state

You can file a motion asking the court to revise the custody orders, probably ex parte, in order to get it straightened out before she goes. I would suggest hiring an attorney.

Re: Moving out of state

She should not move out of the county without obtaining permission of the court first, or permission from you. I had a consultation earlier this week with a mother who lost custody b because she moved from the county and she now wants to appeal, which is very expense and difficult. Whether a court would allow her to move is a difficult question to answer 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 retain 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 in the El Cajon court and can tell you that no one should give you a straight yes or no answer to the question, but an experienced attorney can give you some good direction and preparation for the requests. This motion to move the child could take months to resolve since you will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. You should have an attorney as this is a difficult issue.

Good Luck, Pat McCrary