Q: Can I move out of state with my children if I have a custody agreement in that state (I have full physical custody)

A: In California, if you have full physical custody of your children and share joint legal custody with your ex, you generally have the right to move out of state. However, it's crucial to follow legal procedures to ensure a smooth transition.

First, review your custody agreement to check if it contains any specific provisions regarding relocation. If it does, you must adhere to those terms. If not, you should notify your ex of your intention to move well in advance, preferably in writing. Provide information about your new address, contact details, and a proposed revised visitation schedule that accommodates the distance.

It's essential to demonstrate that the move is in the best interest of the children's quality of life. Maintain open communication with your ex to try to reach an amicable agreement on the new visitation schedule. If your ex opposes the move, they may file a court motion to contest it. In such cases, be prepared to present evidence supporting the children's well-being and why the move is necessary.

In California, the court will ultimately decide whether the move is in the children's best interest. Factors such as their relationship with both parents, the impact of the move on their lives, and their overall well-being will be considered. Consulting with an attorney experienced in family law can help you navigate this process and ensure the best outcome for your children.

A: If you are referring to actual court orders (as opposed to an informal written agreement between you and the other parent), you would need a court order modifying your existing custody orders so that you can "move away" with the minor child. You can do this by filing a motion, or by getting the other party to sign a stipulation that you can then submit to the court for signing as a court order. It sounds like you do not anticipate the other parent being on board with this move however. Therefore, if you want a "smooth transition" you will need a court order allowing you to move. Move away requests are not DIY projects. The court may order a custody evaluation as part of the process. You should definitely retain an attorney to assist you with this.