Q: I have a question about relocation out of ca with a child who i have the physical custody of.
Hi,
my sister has been divorced since 2017. She has physical custody of her daughter and she shares legal custody with her ex. She's moving out of California to Nevada. Does she need to file with the court to take her daughter out of the state? her ex is in india right now, would that be an issue? I would like to know what your fees are for this service. please let me know.
Thank you
A:
Depends on what her custody orders say, what visitation rights Dad has, whether Dad is exercising those rights, whether he relocated to India, lives there and therefore does not see the minor child regardless of what the orders say.
Also depends on how old the child is and what she wants. To be on the safe side, she (your sister) should request permission from the court to relocate the child to Nevada -- aka seek a "move-away" order. The request would be in the form of a request for order re: modification of custody. Filing such a motion may prompt the court to order a custody evaluation. In terms of what any lawyer would charge for this, you would have to ask the individual lawyer directly. If you want to ask me, please call my office.
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