Legal Question in Family Law in California
My sons mother wants to move out of state with my son
My sons mother and I have joint physical and legal custody and have for the last two years. She has recently met a new guy and is planing on getting married and moving to NY from California. She has asked me to agree to let her take our son rather than go to court again and I have refused. My question is that I wonder if she has any legal right to do this and what can I expect from the courts on this I am sure there is some presidence but I have not been able to find any answers. What chance does she have that the courts will let her take my son from me?
2 Answers from Attorneys
Re: My sons mother wants to move out of state with my son
There is actually a lot of precedence on this, and it is contradictory, confusing and ambiguous. The mother will not be able to move the child without a court order. The safest course for you to take is to start gathering info to show the court why it is better for the child to be in Cali instead of New York; i.e., medical records, school records, list of relatives, freinds, etc.
Re: My sons mother wants to move out of state with my son
A request to move a child out of state is a complex issue in which the court will consider many factors. I recently taught a seminar for attorney's on the issue and can tell you authoritatively that no one can give you an answer to the question but you will want to fight the move-away because it will be very expensive to you. Her chances for moving depend upon many facts and the judge that is hearing the case. If you call me at 888 FAMLAW 5 I could give you a free telephone consultation. Otherwise agree to nothing until you have talke to an attorney. Good Luck, Pat McCrary
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