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What must I do to be able to legally move out-of-state with my 4-yr-old son when his father refuses without a valid reason?
Anonymous4 views3 answers
Although father and I share custody, our son primarily lives w/ me and father has not contributed in making any decisions for our son. It has been hard for me to keep up w/ cost of living, expense of preschool education/childcare, etc. Father has also been unemployed for a year with no employment foreseeable in near future (he's not actively finding work to avoid paying child support). An opportunity for me work out-of-state has arisen and I've explained to him the reasons why moving would be a good idea (increased pay and lower cost of living would allow more money available for our son's education and not live by paycheck to paycheck, etc.). He can also move too to be closer to son (no major ties requiring him to stay in CA: no job, no family). He disagrees to moving w/out reason.
You need to file a request with the court. Since you are the primary parent - you have the most custody time and you are the one taking care of your son - you will get priority. The father would have to prove that it would not be in the best interest of the child to move away with you.
I suggest getting an attorney for it. Move-away trials can get very complicated.
This situation requires effective legal representation. According to the law in California, there must be an opportunity for mediation, and of mediation is not successful, an evaluation is going to be required.
A decision from the court as to whether to allow this child to leave the child's current residence and move to another state is not a decision that the court is going to make without information. The obligation is going to be on you to provide this information.
The only information that you do not provide is whether there is a court filing that involves this child. In the absence of any court order or pending court filing you are free to move. I would not do this until you talk to an attorney to review all of the facts.
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
You need to file a motion for approval of your move-away. You perceptibly are onto the relevant factors. Indeed, if you present the matter to him he might agree to a stipulated move-away order; otherwise, let's see him put up a defense better than he earns a living. The Family Law Facilitator at your Courthouse will assist you in self-representation for free.
