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    harleygurl's Avatar
    harleygurl Posts: 1, Reputation: 1
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    #1

    Jun 27, 2007, 08:45 AM
    Move away order for custodial parent
    I'am the custodial parent that lives in California needs to ask for a move away order to move to another state for a job transfer. We have joint custody. How do I go about asking the court for a move away order? How far in advance does this need to be done?
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
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    #2

    Jun 27, 2007, 12:07 PM
    You need a great lawyer. Chances are unless you can prove that the children will continue to have as much contact with the father as he does now the court will not let you go with the children. It doesn't really matter how far in advance because until you get the courts permission you can't go. The only exception to that is if your current order says nothing about moving the children's residence, which I highly doubt. I live in Cali and have court orders here and that is something that only gets granted on a rare, rare basis. All circumstances must be perfect but the biggest being able to prove the children's quality of life will drastically improve with the move and the relationship with dad will not suffer at all. You absolutely will need a good lawyer because it will be a fight, if even possible, if he doesn't want you to move.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Jun 27, 2007, 12:58 PM
    If the non custodial parent has been part of the child's life and wants to remain part of the child's life, first you may not even get permission to move, And if they are going to fight it, you will need to start 6 months or more at least.

    If you move, you will have to provide for proof that the non custodial parent will not lose any visitition time and that you will pay any and all costs of their visits normally.

    But again if the other parent is very involved in the child's life, don't expect to get permission to move.

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