MOVE AWAY

Do I need permission of the other parent to move with the child?

If a custodial parent wishes to move away with the child/children, he/she can do it by either obtaining permission from the other parent or by requesting the Court to allow the move.

In determining whether to grant move away, the trial court’s function is not to reward or punish the parents for their past behavior, but to decide what is in the best interests of the children. In re Marriage of LaMusga, 32 Cal.4th 1072, 1097 (2004 ).

 

Is it hard to obtain court’s permission for a move away?

The parent who wants to move has to explain to the court all the reasons for the move and to show that the move will not be detrimental to the child. In making a determination about detriment the court will consider a variety of factors, which can include but are not limited to the following: how the move will affect the child’s continuous and frequent contact with the other parent, the length of time during which the child resided in the neighborhood/city, the child’s extracurricular activities, friends and ties in the community, and where the extended family resides.

If the move away is granted, the other parent is usually awarded blocks of time with the child during holidays/vacations and liberal contact via phone and/or skype.

 

I am pregnant with my ex- boyfriend’s child and I want to leave the state; can he prevent me from doing so?

In California there is a presumption that a child born into the marriage is the child of the parents. In order for your boyfriend to ask custody and visitation he would need to file a paternity action. Once you are served with the paternity action you cannot take the child out of state. If you move before you are served with the paternity action, the alleged father can still file a paternity action.

For more information call the Law Office of Maria Taylor at (760) 583-1473.