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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2484
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I do have full custody of my 2 daughters is it easier for me

Customer Question

I do have full custody of my 2 daughters is it easier for me to get permission to move out of state.
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
If you have custody, the presumption in California is that the Court should give you permission to relocate if the other party doesn't consent. However, it is not automatic and the other party can prevent the relocation by showing it would harm the child.
Expert:  S. Kincaid replied 1 year ago.

You would have to file a move away motion. There would be an evidentiary hearing in which the judge would decide whether the move would be detrimental to the child's well being.

Expert:  S. Kincaid replied 1 year ago.

The court will consider the following factors:

-the importance that the child maintain a stable and continuous environment, including how much time the child spends with each parent, how long the current custody attachment has been in place, the child's ties to the area, and the child's special needs

-the distance of the move

-the child's age

-the child's relationship with both parents

-the relationship between the parents including how well they coparent

-where the child wants to live

--the reason for the move

Expert:  S. Kincaid replied 1 year ago.

Do you have any other questions?

Customer: replied 1 year ago.
If i say because im in a marriage ...and theres better opportunities..and im planning to put another restraining order agains him ...he stalks me and harrases me at my job im so stressed i just want to move
Expert:  S. Kincaid replied 1 year ago.

Well, the city will consider all the factors. I don't have enough information or details to evaluate your chances.