Legal Question in Family Law in California
relocating within same state
On my court order it states that my ex and I have joint legal and joint physical custody of our 7yr old son. However, I actually have primary physical since he is with me during the week. I am planning to relocate to another city, about 50 miles away from my ex. My ex is not consenting to the move. It only says on the order that neither one of us can remove our son from the state of CA. Do I still need the courts permission to move or can I just relocate with my son? Thank you.
4 Answers from Attorneys
Re: relocating within same state
No, you don't need court permission to move, but if you move without court permission you he could file a motion and require you to return the child or to change custody. You should file you motion immediately as this could take several months. The California Supreme Court issued a decision on this very issue last week and you should have legal assistance. Good Luck, Pat McCrary
Reply: relocating within same state
You need to be in compliance with all underlying court orders.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: relocating within same state
My recommendation is that you try to work out something with the father and get the blessing of the court. Set up a hearing asap. New decisions down all the time re this topic and you do not want to get on wrong side of courts. Need to see marital settlement agreement to really answer further.
Re: relocating within same state
I strongly advise against moving 50 miles away without the permission of the father or the court. If you go ahead with the move you should expect an immediate filing of an OSC with the court by the father for a change of custody based upon your unilateral actions.
Move-aways, up until a couple of weeks ago were controlled by "The Marriage of Burgess" the holding in which was adopted by the Legislature in Family Code 7501. Under "Burgess" you would have had a good chance to move, however, the Supreme Court of California just handed down a case, "LaMusga" which has changed the rules completely. Under this new case, the move-away is much more difficult.
Considering the above, I recommend that you speak with the father and try to work it out. If you can't work it out you will need to file a motion with the court and you would be extremely remiss if you do not have the assistance of competent counsel. Even then, there is no guarantee that you will be allowed to move.
Kind Regards, Damian 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.
