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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live San Joaquin County California where I share custody

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I live San Joaquin County California where I share custody of my two children ages 11 and 14. I would like to rent a home four miles out of the county. Is four miles enough for hi to stop me? Do I notify by email first? Can he stop me from moving with the children? He currently lives 20 miles from me.
Thank you for your question. Please permit me to assist you with your concerns.

That very much depends on your agreement, if any, with the other parent. Is there custodial order in place? Does it have any sort of a limitation on relocation? Based on this move, how far will the other parent be from the children, and how will that parent's commute change from what the commute is currently?
Customer: replied 3 years ago.

Yes there is a custodial order in place but it does not have a limitation on relocation. Their father would have to drive an extra 10 to 20 miles depending on if he were to meet me half way or take them to school in the morning. He already has voluntarily given up half his visitation by not showing up (although not officially).

The girls would like to change s hools and move farther from their dad.

We have joint cistody but they would like to reduce visitation to only every other weekend instead of Wednesday and Thursday nights and evrry other weekend. Could their feelings have any bearing on the decision?

Thank you for your follow-up.

If there is a custodial order in place and there is no relocation clause or any sort of a limitation, you are free to move. Moving an extra 10 to 20 miles at most can add about 20-30 minutes to the commute, which is not material or significant enough for him to claim that his rights or his ability to see the children is being intentionally denied or unfairly affected.

Having said that, it is not purely up to the girls. The girls, being minors, have a very limited voice--they cannot choose when they see their father, and they cannot demand a reduction in visitation. If you wish to do so on their behalf, go to court and seek a modification and then claim that it would be in their best interests. Then they could potentially be interviewed by the judge about their opinions. Just please be advised that a judge has no obligation to listen or take their opinions toward the decision, which remains at the judge's discretion and is based on what the judge sees as in the children's best interest.

Good luck.

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