Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have sole legal and physical custody of our 10 year old son. My custody papers issued in the state of California back in 2000 say that if I intend to move, I must notify my ex of our new address. It does not state that I have to notify the court system, or anything along those lines. I still live within the state, although 9 hours away, but we plan to move to the east coast this summer to be near family. My ex calls our child about once a month, and visits with him about every other year, so there isn’t a stiff visitation to worry about working out, and moving would not change the visitation that is currently taking place. My question is, with the papers having been drawn up 7 years ago is the agreement still considered current, and could my ex block the move if he wanted to? Thanks.”
Question: Orders are good until they are replaced with other orders. In general if you are going to move a child outside of their State of residence, you would want to get a court order to do that. If all you need to do under your order is notify the -ex, give him the required notice. It sounds like the way your order is written it would be up to him to try to block the move-away. He might be able to delay the move, but under the circumstances you describe it is likely that he could not prevent a move from occurring.
