Legal Question in Family Law in California
moving out of state
I have full custody of my son and my ex
husband never spends time with, can I
move out of state or can he all of a
sudden say he wants visitation and stop
me from moving with our son?
2 Answers from Attorneys
Re: moving out of state
Ask father to sign an agreement that you can move out of state. If he will not sign the agreement then you should file a motion for an order allowing the move. The fact that he has little contact with your son will allow the court to find that your move will not interfere with his visitation, or his relationship with your son.
Re: moving out of state
I am not sure what you mean by "full custody", but it generally is not a good idea to leave the state with a child unless the court has specifically ordered that you have sole legal and sole physical custody. If you do try to move out of state, then the Father very well could go to court to stop the move, well at least to stop you from taking your son with you. The better approach is usually to either get the Father to first agree in writing, or if that is not going to happen, then to go to court and ask the court for a move away order.