• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Questions About Moving Out Of the State of CA.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TLSains

Junior Member
What is the name of your state? California, (to Arkansas)

Alright, I understand that in order to move out of state that the custodial parent must have the non custodial parents "blessing". This I see in most divorced cases. What about if you were never married? I have been told two different stories, and am quite confussed on the subject. In my situation there is no court ordered custody. The father does have a court ordered child support payment that the payments (after 5 months) are finally being processed. In the support cases, the court has found that the father has my son at an avg. of 23% of the time, and I the rest. My fear is that when I present my sons father with the fact that I am trying to proceed with a move out of California to Arkansas, that he may fight me the whole way. Regardless of the fact that I am trying to make a more sufficent life for my son and I. Basically this state is too expensive for a single mother, and I have been offered an opportunity with a new company and great chance for growth within. What are my rights as custodial parent who is trying to make a better life for her child? In no way do I intend to keep my son from his father. I intend to share summers, holidays, etc. I was advised by a family member to write out a so- called "plan of action", or I guess a mediation agreement for us to work out the visitation. I know that if I do go down and file for custody, that my sons father will INDEED see me as taking his son from him and fight. I want to at all cost avoid an argument, but at the same time, I am at ends meat in this state, and have stayed here 3 years longer then I have wanted & to avoid the threats of "your taking my son". Any advise, or simular situations would be greatful!
 


TLSains

Junior Member
So the smart thing to do would be to come up with some sort of "parenting / visitation plan" in writing and have both parents sign in agreement? If he does agree to this, would it be better to have the signatures noterized, or is that even needed?
 

lisagr33

Member
The problem that you will have if he doesn't agree is that he will fight you in court to try and keep your child in CA.
 
If the ncp contests the move, he can ask the courts to stop it. Whether or not they will is up to the judge. Don't be surprised if the ncp is not fond of the idea of his child moving halfway across the country. Most parents don't like that.
 

lisagr33

Member
I tend to agree with stepmom&mom. She has a point. The judge is the one who will decide, if contested by ncp, whether or not it is in the child's best interests to be moved. They look at the stability of the familly, emotional support from the ncp, the family in the area, school, religion. In some cases they will listen to a child who is close enough to the age that the state says they can decide for themselves who they want to live with.
 

stealth2

Under the Radar Member
If you do a search, IAAL has addressed the move-away issue wrt California law extensively.
 

casa

Senior Member
TLSains said:
What is the name of your state? California, (to Arkansas)

Alright, I understand that in order to move out of state that the custodial parent must have the non custodial parents "blessing". This I see in most divorced cases. What about if you were never married? I have been told two different stories, and am quite confussed on the subject. In my situation there is no court ordered custody. The father does have a court ordered child support payment that the payments (after 5 months) are finally being processed. In the support cases, the court has found that the father has my son at an avg. of 23% of the time, and I the rest. My fear is that when I present my sons father with the fact that I am trying to proceed with a move out of California to Arkansas, that he may fight me the whole way. Regardless of the fact that I am trying to make a more sufficent life for my son and I. Basically this state is too expensive for a single mother, and I have been offered an opportunity with a new company and great chance for growth within. What are my rights as custodial parent who is trying to make a better life for her child? In no way do I intend to keep my son from his father. I intend to share summers, holidays, etc. I was advised by a family member to write out a so- called "plan of action", or I guess a mediation agreement for us to work out the visitation. I know that if I do go down and file for custody, that my sons father will INDEED see me as taking his son from him and fight. I want to at all cost avoid an argument, but at the same time, I am at ends meat in this state, and have stayed here 3 years longer then I have wanted & to avoid the threats of "your taking my son". Any advise, or simular situations would be greatful!
I believe CA can be very difficult on move-aways. Although some say you simply have to give the state guideline notice (to the court and the father- sent 1st class mail, return receipt), then the father will have a chance to contest the move...in which case the court makes the final decision. If/when you are granted permission to move, you will be responsible for at least 50% of the cost of transportation since you created the distance.

However, I have seen move-away fights that get rather ugly- one of which I was involved in myself in CA and only entailed a move of 40 miles :cool: What helped me is that I was moving out of necessity, not just choice. I was willing to make up the difference in commute to visitations- the school district I was moving into was better than the one I was moving out of- and I was moving closer to extended family and support systems.

Moves I rarely see blocked are military moves and moves in order to receive necessary medical/psychological treatment for the child.

BTW if you are receiving child support and the father was given a 23% parenting time~ then you have primary physical custody. And most likely joint legal, regardless of not being married.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top