Legal Question in Family Law in California

Moving Out Of State

My wife has a two year old son with her ex. Her ex has been physically abusive in the past, and she has a restraining order on him. We don't want him to be a bad influence on her son, we want to move away out of state. They have agreed on visitation for now here in california (every other weekend and every friday). The ex pays no child support. Can we move if we want to, what is the procedure for moving out of state, does it mean that he could get overnight visits or can we just leave.


Asked on 3/11/03, 7:17 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Moving Out Of State

The law will probably give your wife the "presumptive" right to move. You will need to get permission from the ex (unlikely) or consent of the court. The court will not allow the move if the intent is to get away from the ex. This is a complex case and the law is changing and subject to interpretation by the judge that hears the case. Get the advice of a child custody attorney who practices in your county. He should be able to give you an idea of your chances. Good Luck, Pat McCrary

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Answered on 3/12/03, 9:12 am


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