Moving cities with custody

[marrisa26]

What is the name of your state (only U.S. law)?

Im in California. I have primary physical custody and my ex and I have 50/50 legal custody. I want to move to a new city about 30 miles away and change her school. Can I do this without permission from the court or my ex?

 

[Just Blue]

What is the name of your state (only U.S. law)?

Im in California. I have primary physical custody and my ex and I have 50/50 legal custody. I want to move to a new city about 30 miles away and change her school. Can I do this without permission from the court or my ex?

Nope. Get legl permission from Dad or the court. In writing.

 

[CJane]

According to California's judicial information site, you don't need your ex's permission, or the court's permission. If your ex wants to prevent you from relocating, s/he will need to file in court to prevent the relocation, and the burden is on him/her to show why the child should NOT move.

http://www.courts.ca.gov/18234.htm
Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.

 

[CdwJava]

According to California's judicial information site, you don't need your ex's permission, or the court's permission. If your ex wants to prevent you from relocating, s/he will need to file in court to prevent the relocation, and the burden is on him/her to show why the child should NOT move.

http://www.courts.ca.gov/18234.htm
Generally, a parent who has a permanent order for sole physical custody (also called “primary physical custody”) can move away with the children unless the other parent can show that the move would harm the children.

Of course, that same link provides this cautionary statement at least twice:

"The law on these types of cases is very complicated and changing. You should talk to a lawyer if you want to move away with your children or if you are worried that the other parent will move away with your children."

So, I'll go with a suggestion that the OP speak with an attorney before she does anything. Heck, if she can get dad to sign off on it, great! Maybe if she agrees to modify visitation such that she provides the transportation but there is no change in his visitation time, he'll be okay with it. And, to be fair, dad should be provided some notice. If he is involved in her life now (attending school activities, extra curricular activities, etc.) then these may be made more difficult or impossible with a 30 mile move.

In any event, an attorney consult is in order here in order to prevent unwanted reactions.

 

[CJane]

Of course, that same link provides this cautionary statement at least twice:

"The law on these types of cases is very complicated and changing. You should talk to a lawyer if you want to move away with your children or if you are worried that the other parent will move away with your children."

So, I'll go with a suggestion that the OP speak with an attorney before she does anything. Heck, if she can get dad to sign off on it, great! Maybe if she agrees to modify visitation such that she provides the transportation but there is no change in his visitation time, he'll be okay with it. And, to be fair, dad should be provided some notice. If he is involved in her life now (attending school activities, extra curricular activities, etc.) then these may be made more difficult or impossible with a 30 mile move.

In any event, an attorney consult is in order here in order to prevent unwanted reactions.

I absolutely agree.

Strictly legally speaking, OP doesn't need anyone's permission to move. OP should absolutely do things the right way, in addition to the legal way.