Question Regarding Sole Physical and Legal Custody?

Question

What is the correct, legal process for leaving the state when you have sole physical and legal custody of your child? My daughters father has visitation. I am in California. No I am not trying to keep him from her. It's very complicated and that is why I need to know the correct way to go about doing things. Thanks.

Answer 1

check your divorce/custody agreement. in california there is a series of boxes to be checked regardin fear of a parent "fleeing" with the child. there are also boxes regarding written permission for either parent to travel or relocate. if none of these boxes are checked and the appropriate forms attached he can't stop you. if it is specificaly stated that you must have the other parent's permission, you have to get the ok from him.  

Answer 2

Oftentimes the divorce, separation, or custody decree will require that the custodial parent provide written notice to the non-custodial parent of a change in the child's place of residence. This order by the court is allowed, but not required by law (Fam. Code sec. 3024), so if it is not ordered, you do not need to provide notice.

Even if there is such an order, nothing in the law limits a custodial parent's right to relocate. However, relocating can be cause for reconsidering the custody, particularly if it in some way would fundamentally alter the non-custodial parent's ability to visit the child.

As for simply leaving the state temporarily, there is nothing that must be done and nothing the non-custodial parent can do to stop it.

Answer 3

Do not be sure so fast.

http://www.fademlaw.com/lawyer-attorney-...

If dad has visitation or other rights, you need either his consent or court consent.