Legal Question in Family Law in California
Primary custodial parent moving out of state with child
I'd like to take my 13 year old daughter out of state to live near my family on the east coast. I've notified her father (verbally) and he has indicated a possible transfer within his company to the east as well. What LEGAL actions must be taken on my part? Must I notify her father in writing by certified mail? If he wants to deny my plans to leave the state, is it by HIS financial means to stop me? Or, must I be financially responsible for legally gaining permission from the court? My plan to move is purely for a lifestyle change and no other reason. Both of our extended families are on the east coast and we are each here in CA alone.
2 Answers from Attorneys
Re: Primary custodial parent moving out of state with child
You have the presumptive right to move out of state, however, you should get either written consent from the father or court permission to make the move. Otherwise, you may be creating big problems for yourself. If you move with out written consent or a court order the court could potentially order you to return the children to California or you may be fighting a custody battle from many states away, which could get expensive. A stitch in time saves nine on this one. Good Luck, Pat McCrary
Re: Primary custodial parent moving out of state with child
Your statement does not indicate whether there is a court order. If there is a court order does it have instructions for the procedure to follow before moving out of state.
Assuming that there is no court order regarding moving, you should give written notice of your intent to move. This notice should be given at least 30 days before the move. This notice should include where you will be moving, address, city etc, to the extent known when the notice is given. If you do not know the address telephone, number etc, then give him the telephone number and address of a family member. This family member would pass messages on to you so that he can easily contact you.
He would have to go to court to get an order preventing you from moving.
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