Legal Question in Family Law in California
Moving out of state
I have sole and legal custody of my son. His father has 0% visitation for the past 4-5 years. I want to move out of state and my son's father and I do not speak to each other. Can you please advise me on what I need to do to move with my son, it is financially a hardship to live here in California.
Thank you,
2 Answers from Attorneys
Re: Moving out of state
If you have sole legal and physical custody per the existing court order, you have the right to determine where the children live. Still, does he have a visitation schedule that he is simply not followed for all this time? I would at least give him notice of your intended move and provide him the updated address info. "Hiding" the children can remove his child support obligation.
Re: Moving out of state
Unless the father "stipulates" or agress to the "move-away," you would have to file a motion to permit the Judge to give you an order to allow the move away. In that you mentioned that you had "sole" legal and physical custody of the child, and that the father does not see the child, it would appear that your chances of prevailing would be good. If you have further questions, please contact our office. Thank you for the inquiry.
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