Legal Question in Family Law in California

Re: moving out of state with joint custody

There are several other pieces of information that are needed in order to give you information about your position.

The court is going to look at how much time Father spent with the child prior to your leaving the state; how much time he spent while you were out of state; and how much time he is spending now. If it is clear that you are the custodial parent, then the court will probably let you move with your child.

The only time a court will absolutely not let the child go is if the non-moving parent can prove that the move is solely to keep the child from visiting the non-moving parent.

Given the complexities of this type of case you need to obtain a consultation with an attorney who does move-away cases to find out what you need to do. After that you can decide if you can do it yourself or if you need the help of an attorney.

Re: moving out of state with joint custody

You've left out some information. For example, when you went out of state did the child go with you? How old is the child? How involved has the dad been with the child? How old was the child when you broke up? Did you leave the state with the child with the dad's permission or over his objection?

Assuming his eventual visitation is 30-35% or less, the court will probably allow you to relocate with the child. This comes out of the California Supreme Court case of Burgess. Please note I said "probably".