How can one parent move out of state and still share joint custody? 3 Answers as of June 22, 2011

I share joint custody of my 2 year old daughter with my ex. We split visitation fairly equally (I have her about 60% of the time, he has the other 40%) and he's paying child support on her (although he's several months behind). I'm wanting to move out of state with her (we live in California and I'm looking to move to Florida) but have no clue what all I'd have to do to make that happen. I've mentioned the move to my ex once before and he immediately said he'd take me to court if I choose to do this. What do I need to do or what papers would I need to file to be able to move my daughter out of state with me? What are the chances I'd be granted permission to do so?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It is far more difficult to justify to the Court a move-away where the parties share joint physical custody. You would need to prove to the Court that the move-away would be in the best interests of your daughter, and her father would claim that his relationship with his daughter would be harmed by the move-away. A move-way of that distance would significantly diminish the father's time as well as his frequent and continuing contact with his daughter. You should retain an experienced Family Law Attorney to represent you if you choose to try to justify your move-away with your daughter to the Court, and you would take a significant risk to your custodial rights were you to move away with your daughter without seeking and obtaining the Court's prior approval of the move-away.
Answer Applies to: California
Replied: 6/22/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
You need to file a motion with the court if you wish to move (if there is already an order in place that prevents your move). I strongly suggest hiring an attorney to assist you. It would be improper to advise of the odds of a move being granted without significantly more information. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 6/14/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
The court will ALWAYS look to the "best interest of the child." This is known as a move away case. It is a very complex litigation when it is contested. There is no question that if you move there will no longer be a 60/40 time share. This should NEVER be tried without competent legal counsel, which we can provide at this office. The facts need to be carefully be presented to the court best suitable to accomplish your goals. On top of that, when the parent who is not moving has a very significant visitation schedule, like your case, it is a more difficult case.
Answer Applies to: California
Replied: 6/14/2011
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