Legal Question in Family Law in California

Physical custody

I have physical custody of my child, so can I move to another state? We have shared legal custody but I got Primary physical custody. He does not pay child support and the judge knows this. The cost of living is expensive here in CA and I want to move to NV. Can I move or do I have to go back to court to get the judge to OK this?


Asked on 10/15/04, 9:11 am

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Physical custody

If dad visits with the child and you move without either his consent or a court order, you could be forced to return to California until arrangments for visitation have been made. Your best option is to iether obtain his consent or a court order allowing the move. You have the right to move and moving because of the cost of living, where he is not contributing to the costs of raising a child will be an important factor in many courts.

Read more
Answered on 10/16/04, 3:44 am
Damian Nolan Law Offices of Damian M. Nolan

Re: Physical custody

Either you obtain the father's WRITTEN permission to move the child from the state or you go to court for a move-away order.

There are 2 major cases in this area of the law,namely, Burgess and LaMusga.

You are strongly advised to retain an attorney to help you as it may make all the difference in whether you are allowed to move out of state.

If you would like to discuss the matter, please feel free to call us at 562/ 601-8133 and ask for Pam. Pam will be more than happy to discuss the matter with you.

Regards,

Damian Nolan

Read more
Answered on 10/17/04, 2:27 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California