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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 50761
Experience:  30 years in civil, probate, real estate, elder law
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I currently live in los angeles. I have full custody of a 12

Customer Question

I currently live in los angeles. I have full custody of a 12 year old boy, with a restraining and protection order against the father who lives in another country. There is no face to face contact. I wish to move to NY, is it possible to transfer the orders? can I move first then register them or do I need to seek the courts permission before moving?
Submitted: 8 years ago.
Category: Legal
Expert:  Ray replied 8 years ago.
Thanks for your question.Yes you either need permission from the ex or permission from the court here regardless of custody.

Where the relocation distance is great, the case becomes more complex. The primary factor of best interest of the child continues to be considered along with facts such as (1) the existing custody and visitation arrangement, (2) the attachment and support of the non-custodial parent and other relatives, (3) the child's ties to the community, school, church or synagogue, and friends, and (4) the child's desires and wishes. Only a small minority of states require a custodial parent to get the written consent of the non-custodial parent or a court order based upon a finding of the court that it is in the best interest of the child to allow the move. In many states, a custodial parent can relocate if there is a valid reason for the relocation and the move does not result in harm to the child.

The ability of the child to have continuing and frequent contact with both parents, without a detrimental effect due to the relocation, is the primary consideration for a court in modifying an existing order to allow the relocation. The modified order of the court could provide additional time with the non-custodial parent during summer and other school recesses and the obligation of the custodial parent to pay the additional transportation expenses incurred in facilitating the visitation exchange. In California, the impact of a planned long-distance move on a noncustodial parent’s relationship with his children may be considered before the children can be moved out of the state. If the move away will detrimentally harm the relationship between a child and a parent, together with other factors, it may be sufficient to justify a change in custody to the other parent.

Custodial parents who move away with the child without providing notice to the other parent may not only face a change in custody to the other parent but also criminal charges of kidnapping. Before any move is entertained, the non-custodial parent should be informed of the impending move and an effort made to reach a mutually acceptable parenting plan based upon the proposed location of both parents.

You would motion th e court here for such permission to relocate.If the other parent has no contact you may well be granted such permission here.
Customer: replied 8 years ago.
Relist: they didnt read the question and did a copy and paste from somewhere else.
they didnt read the question and did a copy and paste from somewhere else
Expert:  Ray replied 8 years ago.
I did read the question.California here has jurisdiction.Under California law you need fathers permission or you motion the court for permission.Having custody here does not allow you to relocate without such permission.To move away here without permission is to risk kidnapping charges and also contempt of court.Only the judge can act upon your legal request and authorize you to relocate out of state here.You file your request and the ex here has 30 days to respond.If he does not do so then court will grant it by default.

Reference..

California Family Code section 7501 provides, "A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child."

Although this statute appears to be straightforward, the interpretation of it has not been. The right of a custodial parent to move away with a minor child when doing so would adversely affect the noncustodial parent's visitation has been the subject of many diverse and contradictory appellate decisions over the last decade. Many courts approved restrictions on the parent's right to move away or relocate with the child and imposed burdens such as proving that move away was "necessary" or "expedient, essential or imperative." Some devised compound tests for move away cases to guide the trial courts in making the determination. Others, on the other hand, simply held that the custodial parent was presumptively entitled to move away.


Regarding notice of in a relocation or move away case, California Family Code Section 3024 states, "In making an order for custody, if the court does not consider it inappropriate, the court may specify that a parent shall notify the other parent if the parent plans to change the residence of the child for more than 30 days, unless there is prior written agreement to the removal. The notice shall be given before the contemplated move, by mail, return receipt requested, postage prepaid, to the last known address of the parent to be notified. A copy of the notice shall also be sent to that parent's counsel of record. To the extent feasible, the notice shall be provided within a minimum of 45 days before the proposed change of residence so as to allow time for mediation of a new agreement concerning custody

Edited by RayAnswers on 6/11/2010 at 4:28 PM EST