Q: Can my childs mother move out of the county of san diego without my permission/ court approval if you have joint custody
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- California
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A:
Under California law, if parents have joint legal and physical custody, neither parent can move with the children out of the county without the other parent's permission or a court order. This is known as a "move-away" case.
If the parents cannot agree on the move, the parent wanting to relocate with the child must file a request with the court for permission to move. The court will then decide whether to allow the move based on the child's best interests.
Factors the court considers in determining the best interests of the child include:
1. The child's age
2. The child's relationship with both parents
3. The distance of the proposed move
4. The child's preference (if the child is mature enough)
5. The reasons for the proposed move
6. The impact the move will have on the child's stability and wellbeing
If the court finds that the move would harm the child's relationship with the other parent or negatively impact the child's welfare, it may deny the request to move.
However, if the parents only have joint legal custody, but one parent has sole physical custody, that parent can move with the child unless the other parent can show that the move would harm the child.
It's best to consult with a local family law attorney for specific advice on your situation, as child custody matters can be complex.
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