Legal Question in Family Law in California

I reside in California and have an 18 month old with my co-parent. I have physical custody and my co-parent has limited visitation d/t inconsistant visitation in the past. I'm considering moving to Missouri to be close to family, to raise all my children in a better area with cleaner air (my oldest has asthma), and a better school system. How likely would it be for the court to block my move? My co-parent contests it.


Asked on 8/02/10, 6:24 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

They will not likely prevent you from moving, but you may have to bear the entire expense of travel for the visitations to occur. You also have to be able to come up with a reasonable visitation plan.

On a side note - just my personal experience - having moved from California to Arkansas and Georgia and then back, my allergies were WAY worse out there (more rain = more mold and plants = more allergens!). It may depend on what your child's allergy triggers are, but I was absolutely miserable. I went from thinking I had "outgrown" my asthma while living here, to having to use my inhaler so much every day it made me hoarse. I would make sure your child isn't going to have the same issues. It was horrible!

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Answered on 8/09/10, 12:32 pm

The key is to demonstrate the move is necessary and that you have come up with a plan for the coparent to have frequent, regular and continuing contact with the child.

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Answered on 8/09/10, 11:39 pm


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