Legal Question in Family Law in California
Questions about moving and declaring father unfit
I have joint legal custody with my children's father. I was granted full physical custody of my children and their father has visitation rights which is every other weekend. I am planning on moving out of California and this has been discussed in court already. My children's father says he is fine with it. However, he wants the children every summer and every other year for christmas. He does not have bedrooms or beds for the children and they have to sleep on the couch or the floor when they stay with him. He is not a very good dad and neglects the children. He will lock the children outside. While he sits at his computer, the children will play unsupervised in a yard with no fence around it. Cars drive by all the time and they could easily be ran over or kidnapped. He is also telling me that if I do not co-operate with him that he will prevent me from moving. I want to know if I can just move since I am the custodial parent and I have full physical custody? Also, I need to know how I can convince the judge that he is unfit and the children need to stay with me.
1 Answer from Attorneys
Re: Questions about moving and declaring father unfit
First and foremost, you may not just move out of state with the children absent a court order or consent from the father.
It is always best to do these things by agreement and to that end I suggest you speak with the father and try to come to an agreement.
If no agreement is forthcoming Ithen you will need to file a move-away request with the court. This is a very complex area of the law and I strongly suggest that you retain an attorney to assist you.
If you would like to discuss your case please feel free to call us at 562/ 601-8133 and ask for Pam.
Kind regards,
Damian M. Nolan
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
