Legal Question in Family Law in California
I have sole physical custody of my son, age 4 about to be five. His father has not seen him for over 1 year, has called 8 times in the past year, has never paid child support and has a judgement against him for it now. I want to request to move out of state with my son since I am fully responsible for him, because I can financial provide him the world if i get out of California. I believe the father has been on drugs, explaining his disappearance over the past year. I am not sure if I amend my current order, or if I am supposed to file out completely different paperwork to request to move out of state. I am single mother and cannot afford an attorney, but I need help as to how to go about the paperwork. Can anyone help me?
2 Answers from Attorneys
The Family Law Court in your county should have a department called something along the lines of Family Law Facilitator, or Family Law Self-Help office, or something like that. They can help you figure out what you need to file and how to get it filed in your county. They can't give you legal advice, but they should be able to answer your questions about what to file, where and how.
The fact that you have sole legal custody is an asset to assist in making the argument to allow a move away. You should return to court on a request for order seeking this relief. If you decide to move without orders allowing the child to relocate, you run the risk of father getting orders for the child to return.
Many family law attorneys have free initial consultations. I would urge you to meet with an experienced family law attorney to discuss your legal options.
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