What form do I need to file for requesting to move out of state with my child when my ex has 50% legal custody?

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What form do I need to file for requesting to move out of state with my child when my ex has 50% legal custody?

Asked on November 29, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You hail from California, correct?  There is not a form that I can see that would allow this.  Some states do allow the request to be made via form as notice to the the parent involved. In your state you would either have to get the approval of the other parent (in writing as a modification of your prior agreement) or court approval.  Now, It is my understanding that California family court judges do allow parents to move to a new location if they have a good reason to move, such as a job offer. But Judges can and often do deny a relocation request if the other parent can prove that it would have a negative affect on the parent-child relationship of the non-custodial parent.  You can agree and try and make it more agreeable to the other parent by offering to pay half of the transportation price back and offering longer visitation times such as a month in the Summer.  Good luck.

 


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