Legal Question in Family Law in California

Re: Order to Show Cause to move

At first glance I would say that it is a difficult case with that timeshare, but that does depend upon the judge. It is also 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. You should file a motion to request the move as quickly as possible. This motion could take months to resolve since father will have a right to an evidentiary hearing, that is a trial rather than a simple hearing. If you are serious you will need an attorney.

Good Luck, Pat McCrary

Re: Order to Show Cause to move

You ask very good questions. They cannot possibly be answered in an email. Move away cases are tough. You may want to hire an attorney. If you can't afford to do so, then go to the law library and read up on move away cases.

Re: Order to Show Cause to move

Mr. Lemmons is correct. Move away cases are difficult. What I usually put into my clients' declarations is things like why do you want to move, whether the other parent is active in the child's life, whether there are siblings in either household, what the job market is like in the new area, the cost of housing there compared to here, a report about the schools, etc.