Escondido, CA asked in Family Law and Child Custody for California

Q: Can I move out of state with my child if i’ve had sole physical custody and there is no court order or parenting plan?

Unwed when I had the child. He signed birth certificate but has never had physical custody just visitation for an hour 1-2 days a week. child is 4 now and biological father has since neglected visitation and child support for 18 months. No support for school, healthcare ect.

I’ve remarried and have a new job opportunity in different state.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, moving out of state with your child when you have sole physical custody and there is no formal court order or parenting plan in place can still be a sensitive legal matter. If the other parent has been involved in the child's life, even minimally through visitation, it is typically advised to inform them of your intention to move and, if possible, obtain their consent. This step is important because, despite the lack of a formal custody arrangement, the other parent might still have rights that could be affected by such a move.

If the other parent objects to the move and decides to take legal action, the court will consider several factors to determine what is in the best interest of the child. These factors include, but are not limited to, the child's health, safety, and welfare, the nature of the child's contact with both parents, and the impact of the move on the child's relationships and stability. Given the history of neglect regarding visitation and child support, these aspects could influence the court's decision.

Before making any decisions, it might be wise to consult with a legal professional who can provide guidance based on the specifics of your situation. They can help you understand your rights and obligations, as well as the potential legal implications of relocating without a formal agreement or court order. This advice is crucial to ensure that your actions align with California law and to mitigate the risk of legal complications arising from the move.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.