[CA] Can a parent with joint custody move out of state without losing parental rights or custody time?

CA Family Law

Craig

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Based on your situation, there are several legal considerations in California that could potentially support your case:

Joint Custody Rights: In California, having joint physical and legal custody means both parents have equal rights and responsibilities regarding their child. Moving out of state doesn't automatically terminate these rights.

Modification of Custody Orders: If a parent wishes to move out of state, they may need to seek a modification of the existing custody order. The court will consider the best interests of the child, including maintaining a relationship with both parents. (CA Fam Code § 3080)

Parental Relocation Laws: California law requires a parent who plans to move a significant distance to provide notice to the other parent. The court may require a hearing to determine if the move is in the child's best interest.

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Full Conversation

How can I share time with my child with a co-parent if I have to move out of the state of CA?

Lexi, Chatbot

I understand that co-parenting across state lines can be challenging. Have you already discussed your move with your co-parent?

Yes, the co-parent wants to keep the child and use my situation as a way to gain 100% physical custody of my child.

Lexi, Chatbot

What custody arrangement do you currently have in place for your child?

We have joint physical and legal custody.

Lexi, Chatbot

Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your custody concerns.

No.

Craig

Hey there! I'm Craig, an attorney with many years of experience.

I understand you're dealing with a co-parenting situation where you need to move out of California, and your co-parent wants to gain full custody. Have you been able to discuss any potential arrangements or agreements with your co-parent regarding visitation or shared custody?

The co-parent says if I move out of state I will give up my parental rights.

Craig

Based on your situation, there are several legal considerations in California that could potentially support your case:

Craig

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