San Diego, CA asked in Child Custody and Family Law for California

Q: Hi, How can I change my current custody order?

I have my son's full legal and physical custody since April 2021. The father doesn't need to pay child support or any money. On the court paper it states I need the father's permission to move out of San Diego or travel to overseas. The father only visited my son once since April 2021. I would like to know how to change the custody so I can move out of San Diego or oversea without his permission. I also want to change my son's last to my last name.

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: It's unclear why you would need his permission if you have "full legal custody". If there is a court order that says that, then you would need to file a motion to modify existing orders to include a "move away" order. The name change is a separate issue and would be handled differently.

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