San Bernardino, CA asked in Family Law for California

Q: What are a father's rights in California concerning visitation rights? What if mother wants to move away?

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1 Lawyer Answer
Jeffrey Moore
Jeffrey Moore
  • Campbell, CA
  • Licensed in California

A: Cases involving move-aways are some of the more complicated in family division. In most circumstances Father has a right to a trial of the issue.

The court's ultimate concern is what is best for the child. This is balanced by the statutory requirement that non-custodial parents have 'frequent and continuous' visitation. The court considers such factors as the reason for the move request, relatives and friends of family at the new location, education and health care at the new location, the distance of the move, the amount of visitation father currently has, and many other factors.

You should hire counsel to represent you if you can afford it.

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