How to ask to move if you're a guardian
To move out of state with a child, you must fill out and file a request with the court.
How to ask to move out of state
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Fill out court forms
Fill out a Petition to Fix Residence Outside the State of California (form GC-085)
If the child (if 12 or older) or the child's parents, agree to the move, they can sign the "Consent to Out-Of-State Move" on Page 2 of the Petition. This means that they agree to the move and they agree that you do not need to serve them (have someone give or mail them) a copy of the filed Petition and Notice of Hearing. Even if they sign this, they can still object at the court date.Fill out the caption of the
- Notice of Hearing -- Guardianship or Conservatorship (form GC-020). Also fill out #1 and the names and addresses of the relatives that need to be served by mail on page two. When you file the form, the clerk will write in the hearing date on the front.
- Order Fixing Residence Outside the State of California (form GC-090)
Some courts have additional local forms they require you to use.
Contact your court clerk’s office, check your court’s website, or talk to your court's Self-Help Center staff to ask if they have any local forms you need to use.
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Make copies
Make at least 3 copies of all your forms. The court keeps the original. The other is for you and the parents. You may need to make more copies later to send to other family members.
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File forms
Go to the same courthouse you listed on your forms. Guardianship cases are heard in the probate department of the court, so you will file them with the probate clerk.
At the courthouse, you’ll file the forms you filled out by giving the original and the copies to the clerk.
The clerk will give you a court date and stamp the forms. The court will keep the original and return the copies to you. One is for you, the others are for the child's family members.
The clerk will usually keep the Order so the judge can sign them on your court date. If they give it back to you, you will need to bring it to the court date.
Ask to move out of state
What's next?
Once you've filed your forms, you need to give the child's family member's notice at least 15 days before the court date.