Legal Question in Family Law in California
Relocating to another state
I have primary custody of my child (85 %) and I am having a difficult time surviving (finacially) here in CA, I would like to relocate out of state. Is it probable that the judges ruling will go in my favor?
The childs father see's him every saturday, father has overnight visitation but child refuses to stay over night. Sometimes father doesnt show up for visits.
If I get father's consent, amicably, with notarized affidavit, will this be a legal replacement for a court
order?
Thank you
3 Answers from Attorneys
Re: Relocating to another state
The best possible resolution would be for you and the father to come to an agreement. However, the agreement should be put in the form of a stipulation and order and filed with the court for the judge's signature. That way the order is enforceable. A notarized piece of paper does not have the force and effect of a court order.
Regarding move-aways in general, they are a complex subject. The leading case was Burgess, however within the past couple of months the CA. Supreme court handed down a decision in the case of LaMusga. You really should retain the services of an attorney to assist you in this matter.
Regards, Damian nolan
Reply: Relocating to another state
Move away issues are complex and can not possibly be answered based upon the information you have provided.
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 to another state
If dad will agree to a notorized statement that you can move, you should consider having that agreement made into a court order. Using the services of an attorney to prepare the written format may be helpful.