Legal Question in Family Law in California

moving children from Califonia to Nevada

Want to move daughter and grandchildren to Las Vegas, when I sell My home in San Diego (they have no where else to go). As it is now father is living in Long Beach, Ca and comes down about every 2-4 weeks and spends the weekend. They are legally seperated and daughter has custody. Father has family living in Las Vegas and drives there to visit uncle and cousins very often. Daughter would attend collage to finish getting degree and Grandmother will watch children. Can she take them as things stand now or must we go back to court?

Thank You,--name removed--Hawkins


Asked on 10/05/04, 7:39 pm

4 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: moving children from Califonia to Nevada

You should attempt to get a written agreement with him allowing her to move to Las Vegas, which can be filed with the court. Failing to get that agreement then go to court to get a court order allowing her to move to Las Vegas. That fact that he regularly goes to Las Vegas to visit family should make it easier to get the court order.

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Answered on 10/05/04, 10:40 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: moving children from Califonia to Nevada

YOU WILL NEED, AT A MINIMUM, A WRITTEN AGREEMENT FOR YOUR DAUGHTER TO MOVE OUT OF STATE. YOU SHOULD HAVE A STIPULATION SIGNED BY BOTH PARTIES AND APPROVED BY THE COURT TO BE SAFE. IF YOU WANT TO FAX ME A COPY OF THE CURRENT CUSTODY ORDER AT (619)589-8577 I WILL REVIEW THE ORDER AND LET YOU KNOW SPECIFICALLY WHAT YOU WILL NEED. IF FATHER DOES NOT CONSENT YOU SHOULD FILE YOUR MOTION IMMEDIATELY. RIGHT NOW A CONTESTED MOTION WILL TAKE AT LEAST 60 DAYS AND THEN THERE IS A MANDATORY STAY ON THE ORDER FOR AN ADDITIONAL 30 DAYS. THAT IS THREE MONTHS, IF THERE IS NO AGREEMENT, AND THAT IS ONLY A MINIMUM. MOST MOVE AWAY MOTIONS WILL TAKE 6 TO 9 MONTHS, SOME MUCH LONGER. FROM WHAT YOU HAVE STATED IT WOULD APPEAR YOUR DAUGHTER WILL GET PERMISSION TO MOVE, BUT IT MAY TAKE SOME TIME FOR THE COURT TO MAKE THAT DECISION. GOOD LUCK, PAT MCCRARY

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Answered on 10/06/04, 9:28 am
Donald Holben Donald R. Holben & Associates, APC

Re: moving children from Califonia to Nevada

Your daughter will need approval and blessing of the court to protect her interests even if father approves. Keep clean hands by doing this properly and with court's approval. See counsel to get this done. He/she will need existing custody/visitation order, etc.

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Answered on 10/06/04, 11:47 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: moving children from Califonia to Nevada

Does the father oppose the move? Call me directly at (619) 222-3504 if he does.

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Answered on 10/06/04, 2:28 pm


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