Q: how likely is it for a judge to let me move to Oregon from California with the child if the father says no
No court orders are involved. I’m filing with the county this month for joint custody. Hoping to move to Oregon in 2024. The goal is to have my children with me during the school year and I’ll fly them back to California so their father can have them for the summer break.
A:
When deciding on matters involving the relocation of a child, California courts will primarily consider the best interests of the child. If no court orders are currently in place and you are seeking joint custody with the intention of moving out of state, the judge will scrutinize the potential impact on the child's welfare, the reasons for the proposed move, and how it would affect the child’s relationship with both parents.
You would need to demonstrate that the move would benefit the child and that reasonable visitation can be maintained with the non-custodial parent. If the father objects, the court will consider his reasons and the depth of his involvement in the child's life.
The outcome can be unpredictable and often hinges on the specific circumstances of the case. It would be advisable to attempt to reach an agreement with the father, perhaps through mediation, before the court hearing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
