Legal Question in Family Law in California

i have recently accepted an employment position in another state and am trying to figure out how my fiance and her 2 year old son can relocate from california to idaho legally, the father of the 2 year old is determined to make this situation as difficult as possible, however the mother has full custody. i am under the impression that california operates on the presumption in favor of the child relocating, the father would have to object properly in court and prove that it is in the childs best interest to stay in california, is this accurate? and if not, what would be the best course of action to accomplish this goal?


Asked on 4/04/12, 6:54 pm

2 Answers from Attorneys

You say the mother has full custody. Is that by court order? If so, what does the order say about moving away? Generally if there is an existing order, and a parent wants to move out of state, a move-away modification to the existing order is required. There is no presumption in favor of relocation. The presumption is in favor of regular and frequent contact for the child with both parents. Move-aways obviously interfere with that and good cause must be shown if it alters an existing custody share. If there is no share of custodial time at all, that makes it easier, but not 100% assured.

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Answered on 4/05/12, 10:14 am
Gary R. White Burton & White

You need to consult with a local family law attorney knowledgeable in move away cases. Otherwise you are likely to be wasting your time.

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Answered on 4/06/12, 2:55 pm


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