How can I apply for a move away order? 5 Answers as of June 06, 2014

I got divorced 4 years ago and remarried last year. I have been ordered by the court to live close to my ex-husband for the past 4 years due to joint child custody. I am sick and tired of being controlled by the court system and by my ex, to live where they want me to. I want to move close to my family, just a county away, so my daughter can have a more stable life. Right now we are forced to live in a very high cost area "Bay Area, California" and I want to move one county up north. I applied for a move away order right after I got married, but it got denied for the only reason that our daughter should attend the same school. I do not find that a solid reason. Now that the school year is over, should I reapply for another move away order? It is really difficult for me to commute every week, back and forth from work, for 80 miles one way. Do I have a chance if I try again?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Move away cases are very complicated and the court must ascertain the living arrangements that would be for the child's best interest. It's not about what's best for the parents. What you should do is review your case carefully with an experienced family law attorney to determine your options.
Answer Applies to: California
Replied: 6/6/2014
James M. Chandler | James M. Chandler
I would suggest that you try again.
Answer Applies to: California
Replied: 6/6/2014
Law Office of Martin A. Kahan | Martin A. Kahan
Based on the facts, you should not have a problem if you file it now while the minor is on summer vacation.
Answer Applies to: California
Replied: 6/6/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
If you were just denied during the school year, you should wait until she switches schools, like from a junior high to a high school. If it has been a while since your original denial, then try again.
Answer Applies to: California
Replied: 6/6/2014
Steven Alpers | Steven Alpers
You have a chance, but the court is not likely to change the order without a change in circumstances, that is the required standard.
Answer Applies to: California
Replied: 6/6/2014
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