If you've had a custody battle over your child, chances are you know that you can't just pack up your things and leave whenever you want. Unfortunately, there is some kind of clause or order hanging over his head regarding the move. Typically, this applies to the parent who has primary physical custody. It can be very complex to even move the next city. Because the court intervened in the case to establish living situations, the court has a say in where the children will move. This is not because the court wants to prove its power over you. This is to protect the child and establish clear and reasonable grounds for moving. It will help you read about our custody page to help determine what custody you have. This will help you explain it better to the lawyer.
Can I move with my child?
Yes. You have the right to move under Family Code §7501. But, because you can, doesn’t mean you might be able to do it.
What if I don’t have majority physical custody or sole physical custody?
If joint physical custody is involved, you are not prohibited from moving, but the court will want a good reason that you think moving is in the best interest of the child.
What happens if the other parent wants to move in with our child?
No dude en ponerse en contacto con su abogado para discutir opciones relevantes para su caso.
¿Puedo viajar fuera del país o estado con mi hijo?
You usually need the other parent’s permission. Each case is different and may have different rules at play. If the other parent is not available and you need to ask permission, you may need to ask a judge for permission.
These are just some of the few stakes and complexities at play in a custody battle or subsequent custody order. It is always best to consult a family law attorney to analyze your situation and help you make the right decision. Feel free tocontact us today to help you with your moving or travel situation in Orange County.