Can I move out of CA with my children now that I'm divorced and have full custody?

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I have been divorced for about 11 years. I have full custody (not sole custody) of our boys and my ex husband has supervised visitation rights only. He sees them about once or twice per year. There is no court order at this time addressing the topic of moving out of the state. Do I need permission to move out of state.

Attorney Answers

2
Daniel Near ·
If you do not have sole legal custody, you cannot move out of the state without obtaining a court order prior to moving. "Legal custody" gives each parent the right to make major decisions about the child's health, welfare, and education. This would include the right to have input regarding whether the child will live in another state.
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Tristan Jagroop ·
1. Assuming that the divorce case was filed in the State of California, in which city and county was the divorce case filed in? 2. So you have joint legal, sole physical custody of the minor children, correct? 3. You can fill out, file with the court, and have the opposing party served with a Request For Order regarding other orders requested in which the other orders requested would be that of a move away. With respect to the "move away" [taking minor child out of state], as stated in the case of In Re Marriage of LaMusga (2004) 32 Cal.4th 1072, the following are the factors that the court will consider in deciding on the move away issue are as follows: Among the factors that the court ordinarily should consider when deciding whether to modify a custody order in light of the custodial parent's proposal to change the residence of the children are: the children's interest in stability and continuity in the custodial arrangement; the distance of the move; the age of the children; the children's relationship with both parents; the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests; the wishes of the children if they are mature enough for such an inquiry to be appropriate; the reasons for the proposed move; and the extent to which the parents currently are sharing custody.
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