Legal Question in Family Law in California

Relocating out of state

I have full legal and physical custody of my two children and their father has reasonable visitation rights. He currently sees them every other weekend? Would I have any problems moving out of state with them to be able to live in a more affordable area than the East Bay in Northern California?


Asked on 2/06/02, 5:11 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Relocating out of state

Yes, you may very well have problems. Does the judgment giving you custody have any provision about leaving the state? Also, if your current order states that he can see them on alternate weekends, how will you arrange for him to see them on alternate weekends, will you send them back to California? Your order needs to be reviewed to answer your question completely.

Generally you have a presumptive right to move, but he could get a restraining order to prevent your move pending a court hearing. Your best bet is to talk to the Father about the move and receive his written consent. If he fails to give his consent file a motion with the court requesting the consent of the court. If you try any short cuts you could find yourself in substantial and expensive litigation. Do it right and save yourself a lot of stress and money. Good Luck, Pat McCrary

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Answered on 2/07/02, 10:28 am


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