Non-custodial parent issues involving a move away order in California usually arise when a parent wants to move out-of-state due to a new job opportunity, or if he/she is getting remarried. When one parent wants or needs to relocate and to move away with their child, they usually need to get the consent of the other parent. If the other parent refuses to consent, the parent planning to relocate can seek a move away order from the court. A People’s Choice can help prepare all the move away order forms for California, set your hearing and help make sure the other party is properly serve with the paperwork.
Primary Custodial Parent and Move Away Order California
If one parent is the primary custodial parent, recent cases in California show that the court is likely to allow the parent and children to move. California Family Code Section 7501 provides that “a parent entitled to custody of a child has a right to change the child’s residence, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.”
The interpretation of this section of the California Family Code is not that straightforward. There have been many contradictory appellate decisions over the years. Many courts have imposed restrictions on a parent’s right to move and relocate based on factors such as proving the move is “essential, imperative”, necessary or expedient.” Other courts have taken the position that the primary custodial parent has the absolute right to move.
In cases where the child or children spend a considerable amount of time with each parent and have joint or “shared” custody, the problem becomes more complex and the court takes into consideration the best interests of the child.
Family Code Section §3020(b) promotes that it is the public policy of California to assure that children have “frequent and continuing contact with both parents” after the parents have separated or dissolved their marriage. Courts have found that this statute does not prevent awarding sole custody to a parent intending to move or require them to prove that the move is “necessary.”
Burden of Proof Lies with Non-custodial Parent
The custodial parent who is relocating does not necessarily have to prove to the court that the move is either “necessary” or that the move is “in the best interest of the child.” On the contrary, in move-away cases, the non-custodial parent has the burden to oppose the move and show that 1) the move would cause detriment to the child and 2) the custodial parent has a bad faith basis for moving.
Condition in Previous Court Order
If the parties previously signed a stipulated agreement that requires the custodial parent to obtain the other parent’s consent to move, the custodial parent must show that the decision to move was, in fact, made in good faith. Despite this, the non-custodial parent still has the burden to prove that the move would be detrimental to the child.
Using Move as Grounds to Modify Existing Custody Order
Most disputes regarding a move away arise when one parent having sole physical custody wants to move with the children. In this situation, the parent relocating has the presumptive right to move without the burden of showing the move is necessary. Changed Circumstances Rule – Burden of Detriment
If there is an existing custody order and the primary custodial parent wants to relocate with the child, it is the non-custodial parent who bears the burden of showing that the move would cause detriment to the child and that existing order be reevaluated. Court Discretion in Determining Child’s Best Interest:
If the non-custodial parent is successful in showing that the move could be detrimental to the child, the court must then decide whether a change of custody is in the child’s best interest. Some factors taken into consideration by the court when deciding whether to modify and change a custody order include:
- The reason for the move
- How far the child would be moving
- The child’s age
- The relationship the child has with each parent
- The child’s wishes (considered based on age and maturity)
- The child’s stability and continuity in the current custodial arrangement
- The current time-ratio the child has with each parent
The Affect of Joint Physical Custody on Move Away Request
In situations when parents have joint custody, and one parent does not want the other parent to move away with the child, the parent seeking to move will need to request a move away order. The parent will have to show that the move is in the child’s best interest.
Liberal visitation v. Joint custody
The courts use a different analysis in assessing liberal visitation as compared to joint custody situations where the parents share joint physical custody and one parent wants to move with the children. There is case-law that sheds some light on how court’s interpret sole custody with liberal visitation from a joint physical custody arrangement. If the parent’s time-share is less than 30 percent, courts will generally find that sole custody is with the other parent. If a parent’s time is more than 30%, the court tends to look at other factors such as how much time a parent visits to help with homework, participates in doctor visits, parent-teacher conferences and extracurricular activities that is not part of their custodial time. When a parent has a time-share of 45 percent or more, courts generally characterize the parenting arrangement as joint custody.
International Move Away Orders
International Move Away Orders pose even greater problems for the courts where they must take into consideration 1) the impact of the child moving to a place with a different culture, 2) the ability of the non-custodial parent to visit and keep up a relationship with the child and 3) the obvious problem of retaining California court jurisdiction and the ability to issue orders about custody, visitation and support.
Minimizing Impact of Move
When courts do approve a move away order, courts have tried to lessen the impact of court-approved moves and to encourage “frequent and continuing contact” with both parents in many different ways such as:
- Ordering the moving parent to bring the child back to California on a periodic basis
- Expanding school vacation visitation periods for the non-custodial parent
- Pay the non-custodial parent’s expensive to travel to the children for visits or
- Allocating all travel expenses to the custodial parent
Move Away Order Forms – Filing a Request for Move Away Order
The forms for filing a move away request are the same forms for any other type of Request for Order in a family law case. The key part of the move away forms is the supporting Declaration since it is imperative that the basis for your request to move away is clearly substantiated for the court’s consideration. Creating a clear and concise declaration is your opportunity to tell your story to the court and this Declaration is probably the most important aspect of the paperwork. A People’s Choice has extensive legal writing experience to help you clearly outline the reasons for the court to defend your position on a move away request.
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I have 2 boys 17 and 16 me and my ex were never married. Court order I have them 20 nights a month he has 10. This court order has been the same since my boys were 3 and 4 years old. As they have gotten older they are with him even less and my 16 year old has only spent the night at his house 2 times in a year. He hardly will even go to his dads house but maybe 1 time per month. My 17 year old goes more but usually only 2 nights per week if that at all. He skips weeks as well. We do have a court order child support agreement and he is suppose to provide health insurance. He has not paid me child support in 4 years and does not provide health insurance. He is not involved in sports or school involvement. He has only ever gone to parent teacher conference 1 time in there life. I was having issues getting my 17 year old to school last year the school tried contacting him to speak of the problems and he wouldn’t return the calls. My son also has an IEP at school he has never talked to one teacher principal or sat in on my sims IEP that he has had since he was 7. I have been married to my husband now for coming up on 11 years. Our daughter is 9 we want to move out of California to Texas as my husbands territory is Texas, it would allow him to be home more and business will be even better for him if we move. My 16 year old has said he’s not staying here with his dad. I’m not sure what my 17 almost 18 year old will do but I would allow him to stay with his dad if he wanted because he’s almost of legal age. Do you think a judge would make me stay? Thank you
We never try to “guess” what a judge might say or rule, but we can certainly help you prepare the paperwork if your case was filed in California to ask the court to be able to move out of the state with one or more of your children. P lease call us at 800-747-2780.
Everything is blatantly obvious, and the issues are adequately described. It was quite instructive. Your website is great because it provides detailed information. Joint custody vs shared custody.
I gained full physical and legal custody of my 7 year old son after his mother was arrested and had not children removed from her custody in 2016 and since she has had know contact with him but makes cps calls a lot to make it look like he’s not cared for. All closed cases. She was arrested again in 2017 for assault on a child with injury. Since then she has been unable to be found by child support services to service her but claims I hindered her supervised visiting time but never being contacted by a supervisor organization. Providing court her new information last may of 2021 I notified her of our moving to Texas via text. She filed a ex parte with a complete lie of a story and I have proof of her decloration with a witness decloration. She hasn’t complied or completed any court ordered requests and after being in Texas for 4 months the commissioner took my son from me and gave custody to her for not asking the courts permission to move but the closing order said to notify her 45 days prior to the move.. did that.. and we had mediation which he remained with me per her recommendation and his relationship being only with me his father!! She tried kidnapping him and even impersonated herself as a child investigator to access my residents!! I want the commissioner removed as judge being a family friend of hers come to find out!! How do I get my son back ASAP!!?? Please tell me what forms I need to file
It sounds like you should immediately contact a lawyer.
my 5 year dad is a sex offender and I have sole custody of her and he can’t be with her without me or her grandma my mother through the court system and i want to move out of state to Tennessee and i live in California right now as well as her father but i need to move because its so expensive here in California and because i have skin issues due to the water and stress. so i break out into a horrible rash very itchy and becomes inflamed especially after i take a shower so that’s why I’m saying the water here is an issue as well. but he gets to the point to become controlling, always looks at my activities on my phone or my daughter’s tablet at times to see my history or whom I’m texting. I get tensed every time I’m around him. He has pinned me down on the bed in front of our child and yes police were involved and they took pics and i didn’t press charges because i was scared of what he was going to do next. I have been my daughter’s sole provided since birth. He threatens me that i have this on you and that but he can’t prove it when i ask him. And he doesn’t want me to allow my daughter to see her family out of state because they won’t accept him because he is a sex offender and he said so if they won’t accept me then she is not allowed to see them either and says if I do take out to see them he while call the cops and get me for parental kidnapping and he tells me that he will take his daughter where ever he wants when I have to go to work and she stays with my mom her husband and her dad. he has to have my permission whenever he takes her anywhere through the courts. he is a narcissist and also made a comment a few times with me ” he stated “what I love sex and I referring himself that he will do it with anybody” so that in a way scares me as well. I can’t afford daycare so this is my situation for babysitting. I am scared of him in a way. i did move into another space number but the same trailer park as him to help get out of the stressful environment but its not helping for me or my child. He gets angry with Emily our daughter very easily and begins to raise his voice at her and a few times he throw things towards her direction but missed. if she doesn’t listen to him he puts her upside down by her legs and it scares her and I get on to him as well a get her away from him. he has people come over to smoke weed on the porch and sits out there with them and has lots of it in the house in the bedroom. And brings it out in front of her all the time yes I know its legal her in California but that’s not the point. he encourages her to sleep in the same bed with him and I’m telling her she needs to sleep in her own bed. she is in the same room with him due to no other rooms open in the house. he always ask her want to cuddle with daddy and she doesn’t know better but so she says yes. My daughter is only 5 years old. Her dad slept with the same 15 year old multiple times was convicted. but I’m also scared for her safety as well. I need to move for my finance situation as well as for her best interest. My daughter told me several times that she wants to go live in a hotel because she doesn’t like being at her dad’s house that concerns me. He will never be allowed to take her to schools. parks, dr. appointments as well as dentist. I have been trying to ask for help to move away this situation but I’m getting no where. I’ll still let her see her dad and still keep in contact with him but on my terms and when she wants to. I’m not going to be a mean spirited person about this I am just looking out for the best interest of my child the best way I know how and to be in a more stable environment with finances and better her future. I have always been the way whom bought her clothes as well as nutrient needs that she needed her dad not so much. from this day today I still do that but providing for both houses for her. he is just seldom starting to by her clothes and food at times for his house while she is there. I spend most of the day with her except when I have to work graveyard shift 11p-7a to be home with her through the day and at times some shifts during the day which is once in awhile to catch up on bills. please help me. I have a place to live in Tennessee as well as a job (my job is transferrable) her dad doesn’t even have a job right now. Her dad right now is on worker’s comp due to a previous knee injury that happened many years ago but hurt it a little more at work so having them pay for his knee surgery he’s been needing for many years ago. I’m not allowed to have guy friends or even talk to guys at all because he will get upset with me and even now that we are not together is still the same way and he got me fired from one of my jobs because I was being trained by a guy and my baby’s dad was calling at my job asking whom I’m working with and what time I’ got off and it became continuous so my boss let me go. And my Coworker texted me about work issue and he saw it and questioning me about him so I’m also afraid he’ll get me fired from this job to. Been with this job for 5 years now. He is controlling and he does threaten me with verbal. He doesn’t out of spit so hard to record it and he is always watching me and has friends report back to him that they saw me here and there and reports back to him. It’s like I’m being followed and stalked by him in different ways and I’m tired of living in fear and always watching my back and having the feeling of being watched. And if I do or say something he doesn’t like he drives reckless with speeding, skidding tires form turning or just peeling out and blaring the radio up and at times just stares at me with an evil glare and then he starts talking mean to our daughter and scares her sometimes by throwing things around in the house in the bedroom or he will start taking stuff away from her like her tablet because he is in a bad mood. This happens at least 2-3x’s a week. He treats my mother terrible with verbal abuse in front of my daughter and she starts to talk to her that way and its not right I’m trying to correct that with her and tell it’s not nice. so I need help to move please for my health as well for her and my safety and her best interest. I don’t know if I can just leave with her to move. I’m scared I’ve been scared for awhile but afraid to do anything because of his threats. Please help me with answers.
You will probably need a court order to move out of state with the child. Call us at 800-747-2780 if you need help filing the legal paperwork.
I’ve been legally divorced for over 10 years and have joint legal and physical custody with my ex-wife. We share 50/50 custody and I pay child support every month per my court order. I’m in Ca and she has decided to move to Az and thinks she can just take the kids. I can’t see a judge approving the move but she would first need to file the move away documents and get a hearing prior to taking the kids. Do I need to get the police involved to enforce the current custody agreement if she moves with them?
Hello James, I would obtain legal advice regarding your situation. If you need assistance with the preparation of a response or other documents, please call the office on 800-747-2780 and a member of staff can assist.
Hello, M’y ex husband and I are divorced and currently have joint physical and legal custody of my daughter. I have gotten engaged and am set to marry next spring. My fiancé lives in Alaska. My ex husband has agreed to allow my daughter to move with me. We wrote up an agreement and got It notarized. Do I need to let the court know that I’m moving? If so, is this service able to assist me file the paperwork? Thank You!
Hello Aaliyah, I would obtain legal advice regarding this. Should you need documents prepared, please call the office on 800-747-2780.
You need to officially modify the court order. Our fee is $275 for this paperwork.
I have full sole and physical custody of my child. I was awarded this after the other parent was sent to prison a few years ago. The other parent got out last year and has gotten arrested and is going to court on drug traffic charges. My husband and I want to move out of Ca because we just can’t afford to live comfortably here anymore. Am I required to file a petition to move. The other parent has no visitation rights
Hello Michelle, you may need to file documents with the court. I would obtain some legal advice regarding that but please feel free to call the office on 800-747-2780 for a price quote if you do need documents prepared.
I have sole legal and physical custody of my 12 year old. My ex-husband has visitation only, which is rarely exercised. He also moved out of state during our divorce and didn’t show up to our divorce hearings and was pro se in those cases, as was I.
I want to move out of California to be with my fiancé. Do I need to file anything with the court?
You may need to file certain documents with the court. I would obtain some legal advice regarding this, then you you are welcome to call the office on 800-747-2780 and a member of staff can assist if necessary.
Hello. Really hoping you can answer this question. My 14 year old’s father and I were never married. Other than an expired restraining order and a child support order, no other court orders have ever been filed. We have followed a verbal agreement to allow for visitations Sat morning to Sun evenings, every other weekend since the end date of the protective order. He is not an active co-parent and my daughter has not seen him in over 2 months. Do I need to do anything legally to move out of CA without a court order?
Hello Lisa, I would get some legal advice regarding this issue. Should you need the paperwork for this prepared, please let us know: 800-747-2780.
I would like to file for a move away request. Is there a specific form I need to file or is it the same as any request for order?
Hello Melinda, we can prepare a move away order for you, you can call the office on 800-747-2780. If you would like assistance doing this on your own, please contact your legal clinic or you can try avvo.com.
I need to move out of Silicon Valley because my rent and my healthcare come to over 67% of my alimony and child support. I am running at a huge deficit every month. I owe the IRS for three years of payments, and I am about to file bankruptcy. I’ve been looking for work, but at 54 and out of the workforce full time for 17 years, they aren’t opening their doors. I need to move in with my mother in Phoenix to pay bills and to help her. I can’t pay an attorney at this time to help me file. How difficult do you think it would be to relocate to get back above water. My son only sees his father about two full days a month, and usually if I request a night off to catch my breath. I have been getting a lot of responses to applications I have filled out in Phoenix.
We can certainly help you to petition the court to move away if that is the path you would like to take. We will make every effort to provide details and specific reasons why you are asking to move. Please give us a call at 800-747-2780 for help.
My uncle and his wife have I think temparary guardianship, In 3 years I’ve never been notified of a court date or any outcomes. The only time I heard anything was when I was in prison I got served with child support papers. Now they want to move out of state all the way to Florida from California. Do I have a right to stop them?
Sonya – I would speak to a lawyer if you need legal advice. Our role as a legal document assistant is simply to prepare court documents.
My husband and I agreed to 50/50 custody in August 2018, he moved to NYC in Oct 2018 for a job at which at which point the judge temporarily granted me 93% until our court hearing in April. In January 2019, I filed a move away petition and the hearing is in April. Is there a form your company can fill out to request a sooner hearing date that I could pay?
Usually move-away motions are not heard in shortened notice.
Hi, My fiancé and I are relocating to GA as he has a job opportunity and we can buy a house, versus renting in California.The cost of living being a lot less of course. My ex doesn’t execute his 34% time with our son (29% is the normal), has no job – voluntarily quit 2 jobs in the last 18 months, calls him about 1/3 of his allotted FaceTime calls, never shows up to scheduled doctor appointments or preschool events, and doesn’t ever pay me on time for medical reimbursements, etc. I would continue with my current job remotely and be able to be with my son more time since I would work from home. He’s 3 years old. Would a judge allow me to move based on the above and what steps/forms do I need to take? Based on the past, he will probably want to go to trial. How long do these cases take? I’m in San Diego.
We could certainly help you prepare the required motion to request the relief that you desire but it is really up to the judge to make the decision. Please give us a call at 800-747-2780.
Question. Unmarried parent. Was served with FL300 for joint custody. I filed a response, and in my response, stated that I wanted to move out-of-state. At remediation, it was told to me that in order to move out-of-state, I needed to file my own FL300, not just a response. Therefore, physical custody was recommended as 50/50. I am now filing my own FL300 to move, do I need to file anything in addition to have the 50/50 changed and request Sole physical custody? I am wanting sole physical and 50/50 legal custody.
Hi Jana – Unless our office was helping you with the paperwork, I would not be able to comment on this.
Hi, I’m a resident of California , born in Mexico, I’m getting divorce and I have a restraining order against my husband for domestic violence, right now I have temporary full custody of my 2 year old, But I want a move away order because I can’t afford to live here while this process ends , I have no job, no family, no house , everything I have is in Mexico that’s why I can give a better life to my son there, is good to submit the request now? Or wait until the custody and visitation is decided by the judge ?
If this was my case I would file a motion to address this situation as soon as possible.
Joint legal custody. Plan on moving out of state only. I’m sure other party will prevent me from leaving. Our child is 6 years old. Is my child old enough to be considered of his/her wishes?
Every court is different. The court will definately consider how the move will affect the non-custodial parent’s visitation. We have a substantial amount of experience putting these motions together. Give us a call at 800-747-2780 if you need help.
My fiancé has full physical custody but shares legal custody. He’s been offered a job out of state and we’d like to take it. Is a lawyer needed for a “move away” or do you think hiring your company for assistance with paperwork will suffice? We’ve contacted another attorney who said it would cost $38000 to hire him for this as it’s a grueling process. We cannot afford that. Thank you!
We can certainly help your fiancé’ file a RFO for a move-away. You have to realize that it the judge’s final decision and we can only help you present the facts of the case in not the best light possible. Please give us a call at 800-747-2780 to discuss.
I am an unwed mother who has a 9 year old son. His father is a drug user and does not contribute to his life . I am looking to move to Missouri from California to live with my fiance . My sons biological father and I have never been to court to delegate custody or visitation orders but he is on the birth certificate. He sees his son periodically. Would the courts consider it kidnapping if I leave California without a judges order . Would I lose rights/ custody of my son ?
This is a touchy situation. I would talk to an attorney first and get an opinion of whether you should file paperwork in California first. If so, we can help!
THE Father of my son and I were never married and our son is now 2. I am engaged to a man in Canada and am getting married early July. The father no longer wants contact with his son. We have no court custody agreements. My fiancé is going to sponsor the both of us and we are planning to move in August. Do I need to go through any legal court or just have him sign an notarized agreement I have physical primary custody and I have permission to move since his name is on the birth certificate?
If this was my case, I would file a paternity case here first and then have the father sign a Stipulation and Order granting custody and permission to move. Give us a call for help with the paperwork.
Husband has had physical custody of his kids since 2015, mother just filed a change in custody order because she has decided to move away for a job and wants to take the children with her.. does he bear the burden of proof as to why current orders should not change?
We have been quite successful in submitting objections to these type of move away requests. Please give our office a call if you would like help in preparing your opposition. Our phone number is 800-747-2780.
Current order in place specifies me to have temporary sole legal and physical custody of 19 month old son. Order has been in affect since June 2017 and father of child has made no efforts to coordinate visitation since January 2017. I will be laid off in June of this year 2018 due to a company closure. Currently a resident of California, and living arrangements are available to me and my son in North Carolina. My fiance relocated to NC and has created a stable living environment. All factors considered, how likely will my request for order change be approved? Are the odds in my favor?
Unfortunately there is no way to “predict” odds in any legal situation like this. There are many variations that the court could consider. Obviously if we prepare the documents and the supporting declaration, we will thoroughly reviw the circumstances and situation and present the factual basis and reason for your request in the best light possible. Please give us a call at 800-747-2780 if you would like help with this.
My son’s father has never been in his life and ia not on the birth certificate. I don’t know where he live a and haven’t had contact with him since I was pregnant. My son is 15. We want to move to Oregon for my health. I plan on putting a notice in his local paper and putting something online as we have mutual friends. Will this be enough?
Usually people needy get a move away order when there is already an existing order. If you have had no contact whatsoever with the father and there is NO ORDER, I doubt there would be any responsibility for you to publish anything. If I were in your shoes, I would simply just move and not worry about it.
I have our child 68% of the time. She will be 4 in 3 weeks. We coparent well, but the part is the cost of living in the Bay Area/Santa Clara county is increasing by the day. I relocated here from San Diego and would like to go back there as it’s much more affordable. He said I wouodnt let me take our daughter. His family are real estate moguls here so cost of living is not a burden on them.
Would there be a good chance I could move back down to SoCal?
Unfortunately there is no way to “predict” a judge’s ruling in these types of matters.
have guardianship of my 4.5 year old niece I have for the past three years. My sister the biological mother has not seen her since the guardianship has been established due to it not being in the child’s best interest. My mom and I have raised her and cared for her for the past three years. We recently decided we would like to move to Arizona for financial reasons and to be able to provide for the child and give her the best life. My sister is fighting the move and wants to insist we stay in California. There has been zero visitation with my sister and the child for three years to the child the biological mom is a total stranger. Also my whole family supports my move just not my sister. Does my sister have a case that would make us have to stay in California
I would suggest that you seek court permission or sanction to move if your sister is not being cooperation.
Me nor my kids father have ever been to court for child custody. I’m taking on a job in a different state and want my kids to come as well. My kids live with me and i live in a different city then him. He went to the court house where he was and said he filled papers so I won’t take my kids out the state but I haven’t been served or notified of a court date. What do I do?
You should contact our office for help in filing a Response asap.
I am the primary physical custody and share legal custody. He has 2% time shared per our existing order. My child is 10, his father active military and has been stationed (required to reside) in Cuba for the past two years and just received orders to move to VA for the next 5 years. He and my son have a good relationship and keep in contact via FaceTime and text which I am completely for. I have continuously offered holiday breaks and a month during summer as a part of visitation, but he’s never exercised those options fully even before Cuba. It’s a few days here and there but never the full break. I’m now planning to relocate to TX due to the cost of living and a better quality of life. I understand I need to show cause w my sons best interest in my declaration. I’m saving and researching info on the city I’m relocating to am wondering how precise and detailed the information should be in my declaration. Should I secure a job and housing in the new city first showing the school my son would be attending, etc? And do I need to modify the child support order or just update my address if move away is ordered? Thanks in advance for any help or tips. It’s hard finding info where the non custodial is already residing out of state.
Filing a move away request is a tricky process. I would strongly recommend that you get professional help from an office like ours or another professional service who is familiar with this process to help you put the documentation together.
In California, friend’s ex wife was granted move away order Tuesday. They are planning on leaving Saturday when no visitation order has been written. Is that legal?
If the court had granted a request to move away based on the current orders or lack of orders, it would appear that would be legal. Perhaps your friend should file a motion for a visitation order is there is not one.
We recently served my wife’s ex husband with court documents after he denied my wife permission to move out of state with their two daughters, she and I got married last year & I was offered a job in New Mexico where not only is the pay better but most importantly the cost of living is way cheaper and we can actually have a better quality of life.
Being he has not yet responded from when he got served and is now past his 30 days; can we file an entry for default and default judgement?
I am not sure what you filed because a move away order is not done by Petition nor do you take a default. It is a motion process. Was a hearing set? You might want to call our office for help as you may have filed the wrong paperwork. 800-747-2780.
I am the custodial parent and have talked with the non custodial parent about me moving with our 2 children. He has agreed that we are able to move and the visitation remains the same. Is it possible to come up with a written agreement and not have to go to court? We have a court case here in CA, but we have mutually agreed to the move and were trying to avoid having to go back to court.
Yes of course and we can get a court order affirming the change. No court appearance would be necessary. Give us a call at 800-747-2780 to get this started!
Hi Kimberly: You would definitely want to have our office prepare an agreement that can become a court order to modify your current order. This can be done without you appearing in front of a judge or make a personal appearance at the courthouse. It can be done completely through the paperwork. Please give us a call at 800-747-2780 for help.
If I’m not married and father is on birth certificate can I move out of state with my child if not what form do I need to file to move out of state
tThere are many issues that I would be concerned about. First, how old is the child? Second, what type of relationship does the child and the father currently have? Typically you would file a paternity case in California and get formal custody orders. If you just up and move out of the state with the child, the father may be able to go after you for child abduction. Please call our office for help with the paternity documents should you wish to proceed that route.
I have been granted full physical and legal custody of my kids. However i did put visition on our paperwork for some reason and also stated he can have them on hoildays and summer breaks and spring break. how can i change that to where we will work something out ourselves and just revise the paperwork to just every other christmas and sprinkbreak and every other summer break he can have the kids. Also we are planning on moving out of state how can i assure this will happen the father has already agreed to this and is allowing this move.
Hi Nicole – we can prepare the necessary document to modify your current court order based on what you and the father have agreed to. Give us a call at 800-747-2780.
I have full physical and legal custody of our 14 year old son. His father has lost all contact with him by way of court order, no visitation st all. I am looking to move from CA to GA where my mother, family and friends are. We have no family in CA. Do you feel that I would have a good case for obtaining a move away order?
We always try to spend a great deal of time addressing all the issues that a court would consider when approving a move away order. Obviously if the father has not been actively involved that will certainly be helpful but it is not the only issue we would typically address in the moving papers and declaration. Give us a call should you want to proceed with this at 800-747-2780.
What if the parents of the child are not married? The father signed the birth certificate. The mother wants to move with the child and her parents(the grandparents) to another state because the cost of living is so high in California. The child’s mother plans to work while the grandparents will provide childcare. The child is only 5 months old.
if I were in that situation I would seek to immediately file a paternity case and then file a motion to obtain an order regarding custody and visitation. Once they move and the child has established residency in another state, it is going to be far more difficult for you. Let us know if you would like to pursue that option.
I have a few questions.
When and where to field for divorce if you are low income?
Is it even possible if you are low income?
Move away oreder for before the divorce. I have reasons to want to be safely moved away before I file for divorce.
What about if my spouse sells the house.
How do I make sure I get my half of the profits?
What if the spouse moves out of state? Am I regally required to move there with the children if I do not want to? Can I move somewhere else instead?
We are not allowed to provide legal advice but the following tips may help. Jurisdiction determines where you can file your divorce. Please refer to our article on divorce residency requirements for more information regarding this. Once you file for divorce, there are certain automatic orders that come into place. These orders are identified on page 2 of the Family Law Summons. If you are concerned about your husband selling assets or taking community property, it may be important for you to file divorce as soon as possible to get the automatic orders in place. Obviously hiring an attorney will be substantially more expensive and could run into tens of thousands of dollars. We are able to assist you as a non-attorney service and can help you file protective orders and get hearings set without having to hire a lawyer. The more paperwork and process you can get started on your own will save you a substantial amount of money.