Las Vegas, NV asked in Family Law and Child Custody for California

Q: CA granted me temporary sole legal and physical of my son due to dv child abuse by his father. But I live in NV

I asked to relocate him and it was denied until hearing. Does that mean I can’t bring him here until then?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you have been granted temporary sole legal and physical custody of your son by a California court, but you live in Nevada and have requested to relocate him, it's important to understand the terms of the court order and the legal requirements for relocation.

Typically, a court order granting custody or visitation rights will include specific terms that govern the parties' actions until a final order is entered. These terms may include restrictions on relocation, travel, or other activities that could affect the child's welfare or the parties' ability to reach a final agreement.

If the court has denied your request to relocate your son until a hearing, this likely means that you are not permitted to move him to Nevada until the hearing takes place. Until that time, you should comply with the terms of the court order, which may require you to keep your son in California or to obtain the other party's consent or the court's permission before taking any actions that would affect your son's welfare.

It's important to note that relocation can be a complex legal issue, and there are specific requirements that must be met in order to obtain court approval. For example, California law requires that a parent seeking to relocate a child must provide notice to the other parent and obtain the court's approval before moving the child more than 50 miles away.

If you have questions or concerns about your custody order or your ability to relocate your son, it's important to consult with an attorney who can provide you with legal advice based on the specific details of your case. They can help you understand your rights and options, and can represent you in court if necessary.

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