Q: 30 day stay order but I have been relocated for a year
You
I am the custodial parent of my child I have full legal & sole custody. Our court cases are in California alameda county but my son has been residing in GA with me for over a year now since the judge awarded me full custody a year ago . I was now just recently granted a move away for my son to be an official GA resident. The judge stated there’s a 30 day stay for my son but the courts in California already knew he has been living in Ga am I required to uproot and bring my son to California for 30 days then back to Ga?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
The 30-day stay order is typically meant to delay the implementation of new custody arrangements, but your situation is unique since your child has already been living in Georgia for over a year with full legal and sole custody.
Given that the California court was aware of your child's residence in Georgia during this time, and you've now received official approval for the move-away request, it would seem unnecessarily disruptive to require returning to California for 30 days. However, you should contact your attorney immediately to clarify this with the judge, as the intent of the stay order may need clarification in light of your existing living situation.
You might want to file an emergency motion through your attorney to modify or clarify the stay order, explaining that your child is already established in Georgia with school, healthcare, and community ties. The court generally prioritizes the child's best interests, and disrupting their current stability could be contrary to those interests. Contact the court clerk or your attorney right away to address this matter before the stay period begins.
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.
