Legal Question in Family Law in California
Valid reasons for moving out-of-state
I want to fight for sole physical custody of my 3 yr. old and would also like to move from California to the Midwest. What do most courts feel are valid reasons for moving out-of-state with a child? I will have a job opportunity awaiting me there, housing is more affordable and the cost of living is not as expensive as CA, child-focused community...overall we will be more well off financially if I do make the move rather then staying here in CA and ''barely'' getting by. Also, I would pay for my son's transportation costs when he has visitation w/the father. Would the courts feel these are valid reasons for moving?
1 Answer from Attorneys
Re: Valid reasons for moving out-of-state
Yes, you have valid reasons for moving and that is part of the consideration of the court. The court will not allow you to move if there is detriment to the child. The term physical custody is not nearly as important as who has been the primary caretaker of the child. Also, if you do not currently have a child custody/sharing order, you will then need to prove that it is in the best interest of the child. If you want to move and Dad will not approve, you should have an attorney. This is a very complex legal and factual issue to be determined by the court. You will want to give it your best shot and its not a motion that you want to lose. Good Luck, Pat McCrary
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