Legal Question in Family Law in California
Child Custody Change/ Moving
divorced for 3 1/2 years, I have sole physical custody and joint legal custody. My children have lived with me 24/7 for 3 1/2 years as ex-husband was only renting a room and he only saw them at my apartment and has only had over night weekends with them maybe 5 times but always at my apartment. Now, ex-husband is moving to new apartment with new girlfriend and wants 50/50 custody during the week. I say the kids are too young to be taken out of their environment after 3 1/2 years. (kids 7 and 4 yrs old). No set visitation- in divorce papers visitation is at my disgression or at least one weekend a month but I have let him see them whenever he wanted to. Also- I recently told him I wanted to take the kids to move to Northern CA in June after I get my degree (this is before news of a new apartment). It is written into our divorce papers that he will allow me to move anywhere in CA. Question 1- what is the likelihood on him getting 50/50 custody? I told him he can have them every other weekend and one day during the week but 50/50 will affect their schedules and routines. 2. How much notice do I have to give him if I move? How much time do I LEGALLY give him before I can move away?
2 Answers from Attorneys
Re: Child Custody Change/ Moving
No one can fully advise you without reading the custody orders currently in place (in your divorce papers). But despite the provision stating that you can move anywhere in CA, it is a good idea to seek a court order permitting the move and establishing a visitation schedule with dad. Any custody order can be revisited if there is a significant change of circumstances, and your move would be such a change. The standard for evaluating the request is the best interest of the child. If the court orders a custody evaluation, the process could take six months or more. So it would be a good idea to retain an attorney and get started asap. With any luck, you can resolve some of these issues with dad in mediation.
Re: Child Custody Change/ Moving
The offer that you have made is a very common order for children at the age of your children and with the current bonding with both parents. It is a very reasonable offer. If you plan to move to Northern California you should begin longer periods of time away from you because when you move they will be spending substantial periods of time away from you. They will very likely be with their Father for most of the non-school vacations and breaks. That is not a good arrangement with the children and you (and the children) would be best off looking for a job locally rather than one at a distance from the Father. Good Luck, Pat McCrary
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