Legal Question in Family Law in California

Sole Physical/Legal Custody: Move Away Order. California ?

I have sole custody of my daughter. The mother has supervised visits twice a week for 1 hour. So far out of 50 visits she has seen our daughter only 4 times. I have asked her every Sunday and Thursdays for the past 7 months if she is going to see our daughter for the visit and she never replies. She only replies to tell me that I’m dumb for following the court order that I should make my own decisions. I’m trying to move back home with my family. I follow the custody order and I sent her a notice of my intent to move 45 days before the move , I sent the mail certified and with signature confirmation . The mail was received and signed but she still hasn’t done anything about it , she is ignoring the fact that I’m trying to move. Should I still move if she doesn’t object to the move ? I also added a need parenting plan on the notice. I was advice by a Paralegal from the Los Angeles Court that read the final order , that is fine for me to move if the mother doesn’t object, but I’m worry about just moving. Also during the custody battle it was always mention: our second child’s passing away during her care, alcohol abuse , drug abuse, mental illness and previous domestic violence.

Asked on 7/11/21, 11:20 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It is impossible to answer this without reviewing the current order. Generally, however, a motion for a revised order is required before any move that would prevent compliance with the existing order, or make it meaningfully more difficult for the non-custodial parent to exercise their visitation rights under the existing order. That the non-custodial parent has declined to avail herself of her visitation rights is a relevant factor in deciding whether a move away modification will be granted, but it generally does not automatically grant the right to move, if the move would prevent or make it difficult for her to have visitation if she chooses. So unless you have a pretty unusual order, it sounds like you have a very good case for a move away, but would still need to get a court modification of the custody order to do so legally.

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Answered on 7/12/21, 2:31 pm

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