I live in California and I want to move my son with me to Texas. My husband is in the military and is stationed there

The current situation you are describing is what is commonly referred to as a custody relocation. This past week Pennsylvania's new custody statute was enacted and there are clearly defined rules and procedures that you need to comply with before you can successfully move your son to California. The rules and procedures are in effect as of last week and it is very important that you read and follow them in order to insure that your move with your son can not be overturned/reversed. I would need more specific details about your case before I would be comfortable giving an opinion on the likelihood of your success on a request for a relocation. Although it is from the early 90s, the Pa. Superior Court case of Gruber vs. Gruber clearly sets forth the type of inquiry the court makes when dealing with a request for relocation. I highly recommend that you review the new PA custody statute and read the Gruber decision. As always, it is best to meet with a competent family law attorney who practices in the family court where your case is located. Best of luck. - David Steerman

The current situation you are describing is what is commonly referred to as a custody relocation. This past week Pennsylvania's new custody statute was enacted and there are clearly defined rules and procedures that a parent needs to comply with before you can successfully move from Pennsylvania. The rules and procedures are in effect as of last week and it is very important that any parent in PA reads and follows them in order to insure that a move like the one you describe in CA can not be overturned/reversed. I would need more specific details about your case before I would be comfortable giving an opinion on the likelihood of your success on a request for a relocation. Although it is from the early 90s, the Pa. Superior Court case of Gruber vs. Gruber clearly sets forth the type of inquiry the court makes when dealing with a request for relocation. I highly recommend that you review the CA custody statute and any case law unique to CA custody relocation. As always, it is best to meet with a competent family law attorney who practices in the state and family court where your case is located. Best of luck. I am not licensed to practice law in CA so you should certainly keep that in mind when reviewing my response. - David Steerman

In California, you will have to go to court and request permission to move with your son to Texas, and to obtain a new visitation arrangement. The court may order what is known as a 730 Evaluation, which is a psychological evaluation of you, your son, his father and your new spouse. His history with drugs, alcohol and mental issues will likely play heavily in both the court's view as well as the evaluator's view. One of the issues will surround the fact that if things have been so bad at his father's house, why haven't you done anything about it before now. But, there may be valid reasons.

You definitely need to consult with a family law attorney who is versed with "move-away" cases. You should do this soon, so that you can determine the potential costs, the time it may take in court, as well as what the judges in your area have been known to do in these situations, given your set of facts.

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It may benefit you to be proactive with this matter and file a motion rigth away regarding both the move and the other issues you have discussed. Although it may benefit you to hire an attorney for this matter, there is a free clinic in the San Joaquin County courthouse that is open from 8-3:30.M-F that can assist you with filling out the papaerwork. The pro per (free) clinic is in the San Joaquin county courthouse family law annex and can assist you in filing the proper paperwork on this matter if you feel that you can indeed proceed alone.

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