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El Monte California Additional Provisions - Physical Custody Attachment
State:
California
City:
El Monte
Control #:
CA-FL-341D
Format:
PDF
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How to fill out California Additional Provisions - Physical Custody Attachment?
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FAQ
Under California Family Code Section 7501, a parent with primary physical custody of their child has a right to change the residence of the child. However, you cannot change the residence of your child without an agreement with the child's other parent, or the order of a family law court.
The custodial parent should provide the court with a written notice informing any plan of moving out of state with the child, including the reasons for the move. According to California state law, the parent should submit the written notice at least 45 days before the date of the move.
While there is no limit to how far a parent can move, if the move will result in a decrease in parenting time to the other parent in violation of a court order, the moving parent must first obtain permission from the other parent or permission from the court before proceeding.
How Far Can I Move With Shared Custody in California? When you have shared custody, you can move ? usually up to 45 to 50 miles away ? provided that you have agreement from your children's other parent.
FL-341D Additional Provisions - Physical Custody Attachment.
Click for help finding a lawyer. Generally, a parent who has a permanent order for sole physical custody (also called ?primary physical custody?) can move away with the children unless the other parent can show that the move would harm the children.
Family courts cannot stop parents from moving away on their own, even if they share joint custody. That means you can move away as far as you'd like. However, when it comes to moving away with your children, parents who share joint custody are restricted by the terms of their custody order.
In your case, you will need to decide on custody. You also need to decide on ?visitation,? which means how each parent will spend time with the children. In California, either parent can have custody of the children, or the parents can share custody.
Generally, you can move with the children so long as the relocation doesn't interfere with your current custody arrangement. For courts, that's usually limited to a distance of 50 miles or less. (However, even a move 30 miles away could be disruptive depending on the circumstances.)
There are two kinds of child custody: Legal custody, which means who makes important decisions for your children (like health care, education, and welfare), and. Physical custody, which means who your children live with.