A very, very common event in postjudgment custody matters involves one of the parents who have custody of the children, wanting to relocate outside of the immediate area where the other parent is living. These are sometimes called moveaway cases or relocation cases. And when someone comes to me and asks me I’ve got custody and I would like to move to Northern California. For instance, I live in Los Angeles County or Ventura County and I want to move to San Francisco County or I want to move to Arizona or New York; can I do it? The answer is, yes you can, but the answer is not so simple for your children. If the other side says no, if the other parent says I absolutely will not allow that to happen.
Then an analysis is going to be undertaken by the court to determine what is best for the children. That is the analysis. Is it best for the children to move with the custodial parent, which will obviously lessen the time they spend with the other parent, or is it not best for them? That is the analysis that the court undertakes. So if the other parent says no the only option is to give notice, and if no objection is made you may be allowed to leave. Or, if you want to be abundantly more cautious you ask, if the other parent says no, you should seek (if you can afford it) an experienced relocation attorney, child custody attorney, family law attorney, in your area, go into court that made the original.
Orders, and ask for permission to leave with the children.
Can Move With Your Child Question from Child Custody Attorney Wail Sarieh
The answer is, it depends whether a petition has been filed with the state of California or not. If the petition has been filed the Summons accompanying the petition will have the automatic restraining order that prevents you from taking the child outside the state. If there has been no petition filed, there are no court orders,.
Then yes, you can take the child outside the state of California. Now what if there has been a petition filed and you really need to move away outside California with your child? That’s when you file a request for order with the court asking to move away. And this is what a move away means. For more information,.