Legal Question in Family Law in California

Re: moving out of state

Review your marital settlement agreement or the order for visitation and custody. If it says nothing about moving, then you could move, but there is a risk in moving because if the dad goes to court after you move, you could possibly be forced to move back until the issue is resolved. You should at least get a stipulation signed by the father stating that he agrees that you can move. There is a good chance you will be able to move, so even if he disagrees, you should file an Order to Show Cause to move. Many people are leaving California because it's too expensive to live here. Judge's are approving the "move away" requests because it's cheaper to live elsewhere. For instance, we are currently helping a client to move who can live in a 3-bedroom in AZ for $900 per month. That's a lot easier to handle than $1400 per month for a 2-bedroom here in So. Cal. We also just helped a client move to TX, where she can afford to buy a home.

Re: moving out of state

That 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 talk with 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 and can tell you that many no one should give you a straight yes or no answer to the question, but they can give you some good direction and preparation for the requests. If Father does not agree you will need to file a motion to request that you be allowed to move. This motion could take months to resolve since father will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. Good Luck, Pat McCrary

Re: moving out of state

You should bring a motion for a court order modifying child custody so you can take the child with you when you move out of state.