Legal Question in Family Law in California

I am 38 and have been married in CA from 6 years. I have a 2 year old boy. My wife and I are about to get a divorce, as our marriage is a disaster. We live in San Jose--not a cheap area. Neither of us have great incomes but she is tied down to the area because she has a business here that took her a few years to build up. She also has her parents in the area, that she does not want to be far from.

I however hate it here and could never afford living here. She currently pays my rent since I'm a stay at home dad.

When we divorce I'd like to move to Orange County, where I have a very good friend who will let me live there for very cheap. Job market is also better for me down there.

Question is, how can I still see/raise my son, jointly, if I'm 360 miles away? I would hate to have to continue living in San Jose just because my wife's business is here. I also don't think I could even make that work....too expensive. But this must come up in divorces. What happens? If I have to stay here in San Jose to see my son she's really winning in this divorce and I lose HUGE.


Asked on 7/24/12, 4:42 am

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Scheduling your timeshare so your son can have contact with you will have to change if you move. Based on your sons young age, you may need to share time when you move to as well as where your son lives. Please meet with an experienced family law attorney to explore your legal options.

Read more
Answered on 7/24/12, 7:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California