I have sole physical and legal and doesnt say i need to ask my ex hb for permission in the court papers or on anything so im clear to move an hour away?
Your question relates to child custody was it posted under the wrong category (which could be the reason no one has responded yet). I would like to assist you, but I am not an expert in child custody law. To further assist you, I am reclassifying it to the child custody category, so that attorneys knowledgeable in that practice area would be more likely to see it and respond. (If this response was helpful, kindly indicate so. Thanks.)
If my response is "HELPFUL" or "BEST ANSWER," please mark it as such. I am not your attorney. The information provided is for general educational purposes only and is not intended to be legal advice. I am only licensed to practice law in California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual or legal set of circumstances, or in the jurisdiction applicable to you. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
You would need to fill out, file with the court, and have the opposing party served timely and properly with a Request For Order regarding "other orders requested" (and fill out and file with the court a Proof of Service) The other orders requested would be that of a "move away."
With respect to the "move away", as stated in the case of In Re Marriage of LaMusga (2004) 32 Cal.4th 1072, the following are the factors that the court will consider in deciding on the move away issue are as follows: Among the factors that the court ordinarily should consider when deciding whether to modify a custody order in light of the custodial parent's proposal to change the residence of the children are: the children's interest in stability and continuity in the custodial arrangement; the distance of the move; the age of the children; the children's relationship with both parents; the relationship between the parents including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests; the wishes of the children if they are mature enough for such an inquiry to be appropriate; the reasons for the proposed move; and the extent to which the parents currently are sharing custody.
In essence, my rule of thumb is to essentially not do anything without a court order...
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