Legal Question in Family Law in California
I currently reside in California and have sole legal and physical custody of 2 children from a past marriage. In this order, my ex has visitation every other weekend. In the current court order, there is nothing in the order that bans me from moving or leaving out of state or county, etc....My question is, to move, would I have to seek the courts permission first if I choose to move out of state?
2 Answers from Attorneys
Technically you don't need court permission if you can maintain the current custody arrangment with no change in the timing or expense to the other parent for their custody. Unless you live in Crescent City and are moving to Brookings Harbor, OR, however, it is unlikely that you can do that. So you would have to modify the order to avoid being in contempt of court on the new order, and at that point you will need the court's permission to move because you will need the court's permission for a new order.
In addition to the above answer, it seems that the kind of move you are intending to make will change the nature of the visitation and time share plan. If this is the case, as noted in the earlier answer, a new order reflecting the new parenting timeshare arrangement would be required.