Ask Me Help Desk - Move-away form

Move-away form

I have a huge delimia:
I have full legal/physical custody of my 4 yr old son. I currently live in California, I want to move from one county to another county, but still remail in California. My current court order does state that I must notify the non-custodial parent of my intent to move out of San Diego County. I must provide 45 days written notice and request written permission or get permission from the court. I have provided my sons father with written intent. He has received it, however no response. He does have visitation rights: when I travel to his home town he has supervised visition Tue and Thurs from 10-6pm. And vica versa when he travels to San Diego county. In the past 4 years he has never traveled to San Diego County, and when I did travel to his hometown, he made 1.5 hrs available to visit his child. Long story short. He hasn't responded, I am headed back to court with forms: FL-300, FL-310, FL-320, and FL-335. Are these the correct forms?
I just want persmisison to move, visitation can stay the same.. so when I am filling out these forms I need help. Any suggestions? Do I actually have to go back to court even if he has no reply?
Thanks

FL-300 Is to file your request with the courts. FL-335 is for proof of service by mail. That only applies if your mailing the first form to him.

If you need help filling out the forms then you can call or at the courthouse see a Family Law Facilitator. The can help you with the forms. If your doing a personal service (handing the paperwork to him) then you don't need the second form.

You may not need the other 2 forms for your request. The only issue being heard is that of a move. As you have stated there will be no change in custody or the way it is being run at this time.

Thank you for your response.
I think I still may need to fill out the FL-310.. correct?

Just one thing to add. Even if he does give written permission, I would make sure the court acknowledges receipt of it.

Thanks scott!
Do you happen to know if he doesn't respond yay or nay... what I need to do? Still get the courts permission?

If he doesn't respond then you definitely have to get the courts permission. You show that you served him properly and he did not protest so granting permission is a slam dunk. But if you don't get permission, the courts could go against you.

Quote:

Originally Posted by ScottGem

If he doesn't respond then you definitely have to get the courts permission. You show that you served him properly and he did not protest so granting permission is a slam dunk. But if you don't get permission, the courts could go against you.

Great! Thanks for the good advice and help, I think regardless I won't wait around on him giving me a yes or no, and I finish these forms and head back to court.