What legal form do I need to file with the court to get permission to move my child from one county to another in the same state

Asked about 2 years ago - Apple Valley, CA

I have current orders in the San Bernardino county for my 2 year old daughter's dad to have visits with her every 1st, 3rd and 5th weekend of each month, but I have sole legal and physical custody of my daughter. I currently live in Apple Valley, Ca and my daughter's dad lives in Rialto, Ca. I recently married and want to move my daughter and myself in with my husband in the city of North Hill, Ca which is in the Los Angeles county.

Attorney answers (4)

  1. Donald Frederick Conviser

    Contributor Level 19


    Lawyers agree

    Answered . There is no such "legal form" that you can file with the court for permission to make your proposed move with your daughter. If the father does not consent in writing to your making the move, I strongly recommend that you retain an experienced Family Law Attorney to file and proceed with a hearing on a Request for Order (which, until July 1, 2012, had been in the now-superseded form of an Order to Show Cause) seeking the Court's permission to make the move with your daughter.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Hillary Johns

    Contributor Level 19


    Lawyer agrees

    Answered . Mr. Conviser is correct. I would suggest (1) asking your ex husband if he will agree to the move away. If he does prepare a stipulation and order, have it signed by both parties and file it with the court when the judge signs it.

    (2) If he will not agree, you would have to file a motion for a move away (an OSC). My suggestion would be to hire a lawyer to represent you or consult with on your case. Move away cases are not do it yourself projects. The parties will be ordered to attend mediation and your attorney can prepare you for mediation.

  3. Edmund Lee Montgomery


    Contributor Level 16

    Answered . It depends on how your current court orders read. Do they restrict your residence to Southern California or are they silent on any issue of relocation? Do your orders require you to give him notice of an intended move?
    If your orders restrict your movement you would need the court’s permission to move unless your Ex is willing to sign a document allowing the move.
    This is a very complicated area of law referred to as a move away. You should seriously talk with a Family Law attorney. If you move without permission the court could order the child to remain in San Bernardino County until the issue is decided.

  4. Edna Carroll Straus

    Contributor Level 18

    Answered . Your order should specify what county or counties you can move between without a change of order. If it is silent on the topic--as it may be if it was litigated, not mediated-- mediate it NOW and then get the order signed bu the court. Agreeing through a legally trained mediator raises the chances you (both) will have thought of the "what ifs" ahead of time, as they are often foreseeable.

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