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  1. #1
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    Nov 2013
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    Marysville, California, United States
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    Default Moving My Child Out of California, Primary Physical and Joint Legal Custody

    My question involves a child custody case from the State of: California
    I have full physical and 50/50 legal custody of my 16 yr old. There is no visitation orders and she wants nothing to do with him. Nor does he want anything to do with her.Her father has not contacted her at all for the last 8 months. We want to move to florida, am I allowed to take her and move out of state?

  2. #2
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    Yes you can.

    But Dad can walk into court and demand the child is returned pending a hearing addressing relocation.

    Do it the right way; California is currently "pro" moveaway - meaning that the non-relocating parent must show why the move isn't in the child's best interest. Given the age of your child and Dad's lack of interest I don't see him being successful. So file now and get it all approved by a judge.

  3. #3
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    Oct 2006
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    Quote Quoting Dogmatique
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    Yes you can.

    But Dad can walk into court and demand the child is returned pending a hearing addressing relocation.

    Do it the right way; California is currently "pro" moveaway - meaning that the non-relocating parent must show why the move isn't in the child's best interest. Given the age of your child and Dad's lack of interest I don't see him being successful. So file now and get it all approved by a judge.
    I agree, with one proviso. You stated that there were no visitation orders. Would you please expand on that?

  4. #4
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    we went to court and signed a stipulated agreement. He didn't want any visitation

  5. #5
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    Then he has even LESS chance of being successful if he tries to fight the move.

  6. #6
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    Quote Quoting Jacqueline Sharron McNabb
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    we went to court and signed a stipulated agreement. He didn't want any visitation
    If you are sure that your daughter also wants to move to FL with you (sometimes teenagers don't want to leave their friends) then I would suggest that you simply contact dad and inform him of your intent to move to FL. See how he reacts. Based on the ruling in "in re Marriage of Burgess" the custodial parent has the presumptive right to move away. Therefore, I do not think that its your responsibility to head to court for permission, but rather his responsibility to take you to court to attempt to stop the move.

  7. #7
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    Given the apparent nature of Dad, I would be wary of that if only to prevent her from having to go back and forth in the interim. If she files first, she'll be effectively nipping it all in the bud, and getting the court's approval will ensure that Dad can't manipulate her or the court any longer.

  8. #8
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    Oct 2006
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    Quote Quoting Dogmatique
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    Given the apparent nature of Dad, I would be wary of that if only to prevent her from having to go back and forth in the interim. If she files first, she'll be effectively nipping it all in the bud, and getting the court's approval will ensure that Dad can't manipulate her or the court any longer.
    I don't entirely disagree with you, but there are also risks in doing it your way...and associated costs. I don't know that dad manipulated the courts in the first place. To me, it looks more like he simply opted out of parenting entirely. Perhaps what would be best for mom to do is to get a simple consult with a local attorney.

  9. #9
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Moving My Child Out of California, Primary Physical and Joint Legal Custody

    The associated costs to file a motion to move are so negligible, they aren't even worth mentioning.

    Mom, go to court. Do it the right way. There are other reasons why you should do it the way Dogmatique is suggesting as opposed to the way llworking is suggesting, mainly, if you do it ll's way, IF dad gets a wild hair up his ass and decides to file just to spite you, then you have to deal with a hearing with a 3 hour time difference and possibly having to SHOW for a hearing, because a judge isn't going to make a ruling without you showing your face simply because you're already in FL.

    You want to spend $60 on a motion or $600 on a set of plane tickets from Fl to CA and back?

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