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Joint legal custody & moving

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ericablue

Junior Member
What is the name of your state?What is the name of your state?I live in California. I have physical custody of my children but we have joint legal custody. I am in the process of purchasing a home, and may move out of state. If I stay in the state I will be moving out of the area, about 1/2 hour away from where I live now. How would it affect the visistation schedule and does he have a right to tell me I can't move?
 


lisagr33

Member
ericablue-if the move is just 1/2 hour away then depending on what your court order says about visitation it might affect it all that much. however, if you move out of state, depending on what kind of relocation statue your state has(TN has 60 day written notice on intent to move and give the reason) then if your ex decides to object then he has at least 30 days to file an objection and then a judge will decide whether to allow the move or not out of state. Depends on what's in the best interest of the child. Look at your state's laws regarding moving.
 

ericablue

Junior Member
Thank you. My concern is if I live 1/2 hour away I will ofcourse have to enroll the children in a school close to home and as the order stands now he is to pick them up and drop them off at school.
 

lisagr33

Member
ericablue-you might have to file a modification of the orginial order if the move is just 1/2 hour away. Regardless if the move is out of state the visitation modification is needed. I am going through the same thing right now. Good luck and keep your head up.
 

casa

Senior Member
ericablue said:
What is the name of your state?What is the name of your state?I live in California. I have physical custody of my children but we have joint legal custody. I am in the process of purchasing a home, and may move out of state. If I stay in the state I will be moving out of the area, about 1/2 hour away from where I live now. How would it affect the visistation schedule and does he have a right to tell me I can't move?
You must notify him within the CA guideline time-frame for move away. He will have the right to contest it. Depending on where you are in CA- it'll either be easy or extremely difficult.

If the move is 1/2 hr away- and that affects his visitation since he is no longer able to pick them up for school, you'll likely be responsible for transportation when they visit Dad (since you created the distance)

I fought move-away in CA and it was a pain in the butt. I won but it was like pulling teeth. I only moved 40 mi. away, and transport back to original town at a meeting place for weekends. If there are other visits- he drives.
 

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