Q: If I asked a judge to move out of state could I get this granted?
I have physical custody and share joint legal of my daughter. The other parent hasn’t spoken to us in a year and a half and lives in another state. But it says in the court order I need to give notice to move and ask other parent for permission. Can I ask the courts for this and be granted since he has had no contact?
A:
If you have physical custody and wants to move out of state with the child,
It requires seeking permission from the court or obtaining consent from the other parent.
While the lack of contact from the other parent may be a relevant factor, it does not necessarily guarantee that the court will grant permission to move without following the proper legal procedures.
A: If your court order stipulates that you need to provide notice and ask for permission from the other parent before moving, it is generally necessary to follow those requirements. Even if the other parent has not had contact with you or the child, it is important to comply with the court order. However, if you believe there are compelling reasons to move out of state and it would be in the best interest of the child, you may petition the court to modify the existing order. It would be advisable to consult with an attorney who can review the specific details of your case and provide guidance on how to proceed based on California law. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.
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