Can a mother living in California move out of state with her children?

Answer 1

If the parents have joint physical custody and joint legal custody and both are in compliance with the agreed upon schedule, the mother will need the father's permission to move the children out of state. I know of a case in CA where children were being moved back and forth between two homes on opposite ends of the state, every 2 weeks. (So CA to No CA)

The courts in CA have agreed to allow the children to be taken to another state if the move is for employment purposes. The children are returned for holidays and vacations. Generally the courts are not in favor of a mother taking children away from their father because she is in a new "relationship" (even when the relationship is marriage) their take on it is; the children did not marry this new person, you did.

When the parents make any changes in support, insurance, visitation, the changes need to be recorded with the court. If one parent changes their mind, the court system does not recognize the changes that were not reached in court. If one parent is not keeping with the agreed upon visitation/custody schedule, the parent who has physical custody during those times needs to provide proof, a calendar showing the 12 mos prior to court is good for this purpose, with a record of visits and no shows.

If you are both raising the children, the best thing you and the father can do is decide you are going to work together for the best interest of the children, the court is much more agreeable when working with parents who are making decisions that are completely in the children's best interest. Remember this is the state that has favored the father's rights to see his child, over the child's right to be breast fed. Claiming the mother was using breast feeding as an excuse to keep the child from having a meaningful relationship with the father. On the other hand CA is trying to educate young mothers about the benefits of extended breastfeeding through at least the child's first birthday.

The CA Family Court System is a complete crap shoot in . Good Luck.

If the move is approved, and joint physical custody is not the order, see link for sample long distance visitation order.