Legal Question in Family Law in California

Request to move out of state with minor child.

I am requesting permission to move out of state with my 8 year old, self represented. Father has lawyer and is requesting an evidentiary hearing and de novo review. Are these stall tactics? How should I plead that father is stalling the decision?


Asked on 3/23/09, 12:44 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Request to move out of state with minor child.

No, they are not stall tactics. You cannot move out of the county without obtaining permission of the court first, or permission of the father. Whether a court would allow you to move is a difficult question to answer since there are many factors that go into a judges decision to allow a parent to move away from the other parent. You are best to retain an attorney who handles

child custody and move-awaymatters who can go over all of the factors and the tendencies of the judges in your county. I recently taught a seminar to attorney's on move away requests in the El Cajon court and can tell you that no one could give you a straight yes or no answer to the question, but an experienced attorney can give you some good direction and preparation for the requests. This motion could take months to resolve since father will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. Good Luck, Pat McCrary

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Answered on 3/23/09, 12:53 pm


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