Legal Question in Family Law in California

If you want to do a move away then you will need to file a motion with the court to grant your move away and a modification of the custody visitation schedule. That will be a time consuming process and usually custody battles take a year or longer to resolve. I would first try to talk to the person opposing the move away to see if they are agreeable to some type of agreement. If so that will make your case much easier. If not, then you will have no choice but to file paperwork to ask the court to grant you the move away.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

To add to the answer above:

It is important to recognize that the time share history you report works to your advantage on requesting a move away. If appropriate arrangements are made for father to continue to see the children as part of your move away plan, the court may be more disposed to allow the move. The courts focus will always be whats in the best interests of the children. The parenting history may impact the future design of the timeshare.