Legal Question in Family Law in California

Relocation across the country.

My ex and I have no court ordered visitation with our 3 1/2 year old. He rarely sees her (every 3 months or so.) Of his own accord. And he pays no support of any kind. He has a history of reckless driving and of drugs and violence. My Fiancee and I (he's been raising my daughter as his own for half of her life.) Want to move from California to New York for better jobs and housing. She is not close to my ex's side of the family(they do not see her either.) and does not know him as her father. I know he will not let her move willingly as he likes the option of occasionally pretending to be a dad.(Though he's just had a baby with his girlfriend, who also has a record of reckless driving.) I need to know where my rights are as her primary caregiver, and what I need to do to get the ball rolling on relocating.


Asked on 8/07/06, 6:21 am

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Relocation across the country.

You will need to file a motion to be allowed to move out of the State. It should be granted and don't know a judge that would not grant the motion based upon the facts that you have given. You should have an attorney because this is such an important issue. Good Luck, Pat McCrary

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Answered on 8/07/06, 10:38 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Relocation across the country.

This is called a move away case. I would be willing to give you a free telephone consultation in this matter. Bottom line, you will need a lawyer.

My family law website is www.divorce-legal.net and you can reach me by phone at 818.739.1544 ext. 15

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Answered on 8/07/06, 9:11 pm


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