Legal Question in Family Law in California

Re: just wondering

While you do not need a move-away order you do need an order to modify the visitation. Also, a move-away without judicial approval could be a change in circumstances that would justify a change of custody. Get a second opinion from an attorney who has handled move-away cases in the county and preferably in front of the judge that will be handling your case. The advice you received may be correct and consider that the attorney who gave you the advice could have made a good fee if he had given you contrary advice. Move-away decisions are very much dependant upon the judge that decides the case. Good Luck, Pat McCrary

Reply: just wondering

In a general sense, if there is no loss of time to the non-custodial parent, it would be difficult if not impossible to show detriment to the parent-child relationship.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: just wondering

A second opinion is usually helpful, so we commend you for NOT giving up that easily in respect to your move. Typically the family law court, as well as the U.S. Constitution, provides for freedom of travel and moving anywhere you want in the U.S. period. However, this freedom must also be balanced with the child's and the parent's overall best interests. In your case, it seems HIGHLY unlikely that the court would prevent your move, especially if the new home improves the quality of your child's life and it is not an unreasonable hardship on the other parent's visitation/custody rights. Therefore you should DEFINNITELY fight for you and your child's moving rights here, and ASAP. If you would like prompt, affordable legal assistance in this matter, contact us directly today for a free phone consultation. God Bless.

Re: just wondering

If the move is in-state, you do not need a move away order, although the other arent may object. If the move is out of state, you will need a move away order, which is expensive and difficult to get (anyone who tells you otherwise is misleading you), but can be obtained. I would be happy to offer a free telephone consultation and my rates are reasonable.