If my ex and I have joint/legal custody of our kids, can I move out of the county if it doesnt affect his visiting time?

Asked on January 30, 2013 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since you are already divorced, I assume that there is a custody order currently in place. Consequently, you will need to go to the court that issued the order to get it modified regarding your proposed relocation. Until that time, you can't move out of the state, let alone out of the country without permission. The court will factor in several considerations before making a decision. It will all come down to what is in the best interest of your children. That having been said, if the father's viistation schedule is not going to be disrupted that will vertainly be a factor in your favor. At this point, you should consult directly with a family law attorney in your area.

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