Legal Question in Family Law in California

Relocate with Child

Two questions: First, my ex and I have joint legal and physical custody of our daughter, but I have primary physical since she is with me 86% of the time. An opportunity to buy a house has come up which would be really great because I have two other minor children with my current husband and we are all currently squeezed into an apt. Our agreement doesn't prohibit either of us from moving, it only states that if either party moves more than 100 miles from the other, that new visitation schedule and arrangements need to be made between us (he currently has her every other weekend, but has not been faithful with sticking to it). We are currently 100 miles apart, but the move will put us at 130 miles. Do I need his or the court's approval before I can move?

My 2nd question is he's in Ventura County, I'm in Orange County, but our divorce was done in LA County. If I move, I'll be in Riverside County. If I have to go to court, where do I go?


Asked on 1/25/08, 8:55 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Relocate with Child

Mr. Lemon is correct. However, it has been my experience that when a case is moved from one venue to another that the case is in limbo for about 60 days. You would need to file a motion to have the case transferred to the new county, it will not cost significantly more to include a request to move. Be sure to get the court order for the move before the court transfers the case to the county in which you will be living, as that is the county in which the children live. The cost of moving a case involves a transfer fee to the current court and paying the filing fee for a new case in the county into which it is transferred.

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Answered on 1/31/08, 3:11 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Relocate with Child

You need to follow the court order by filing an OSC to modify visitation.

If the Los Angeles Court didn't retain jurisdiction over this matter, then I would transfer the file and file your OSC in Orange County because that's where you currently live.

If you need any assistance with this matter, call me.

Sincerely,

Phillip Lemmons, Esq.

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Answered on 1/25/08, 11:07 pm


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