Q: Can I move to another county within California if I have full custody/ shared legal? court doc say nothing about moving.
Old court docs say visitation every other weekend which I will keep available but has changed since CPS involvement on NCP side. Recent disomaster states NCP at 1% visitation time. The move is about 7 counties away. Child is 16 years old and living with father is legally not an option since CPS involvement.
A: You must file a Request for Order asking for a "move-away" order. It is done on form FL-300. You check the "other" box. It must be filed and served BEFORE you move.
Reason: Even if visitation is very little, your move disrupts the visitation, so therefore you need permission of the court and the visitation needs to be adjusted.
All 58 counties in California have some type of Self-Help Center. The people at the Self-Help Center help you fill out family law forms for free. They can’t do everything in family law, but they will help you with all the basics. The downside is that they don’t have a lot of time to spend with you, and often there is a line to get in to see them. The upside is that it is free. So if you have more time than money, go to the Self-Help Center for divorce, custody, visitation, paternity and domestic violence paperwork. But if you want a more thorough in-depth help, it is recommended that you see a family law attorney. Many family law attorneys have a free first interview. Some charge only $50. Some $75 or $100. It only takes a phone call to their office to find out the fee for the first interview. There is no obligation to hire an attorney to do anything after the first interview. That’s up to you. Also there is no requirement that you talk to an attorney in your area. Any family law attorney licensed in California can help you no matter where you live as long as it is in the state or your case is filed in California.
When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.
Nima Sabeti agrees with this answer
A: The answer depends on the current court order. If there is no court order that limits you from moving with your child then you can move. However, I recommend that you ask the court for permission just in case the move impacts the other parents visitation. Please review the court order and documents with a family law attorney. As always remember my answer is not legal advice. For that I actually would need to review your case.
Nima Sabeti | Attorney at law
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