Thursday, August 16, 2012

Can I Move Away?

The following is a question posted by a real family law party regarding move away.  My response follows:


Question: Can I legally move 90 miles away if I have joint custody of my son and am the custodial parent?
Question Detail: I must take a job in Orange county and move from San Diego County. I have joint custody of my son and am the custodial parent . Can I move 90 miles away legally? I have offered my ex-husband that I would drive my son to him and/or meet him half way. He refuses.


Response: The answer lies in your current order.  If it says that the child must remain in San Diego County, then you will need to seek a modification of the order in order to move to Orange County.

When seeking the right to move away, the terms of your current order are generally controlling.  Since a move away case can take a significant amount of time, it is advised to pursue the right to move away as soon as you recognize that you will need to move, rather than waiting until the last minute. 

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