Legal Question in Family Law in California

Child Custody when one parent moves away

Divorced in 2004. To get out of a bad relationship, she moved 3.5 hours away and in with her parents in February 2006, and took our 7 year old son with her. I wasn't wild about her moving him away and in retrospect I should have kept our son. At the time, we shared custody 50/50, one week with me and the next week with her. There never has been any custody order. He wanted to live with his Mom so I let him go. Now I regret letting him move as I have a hard time convicing his Mom to let him spend time with me. She let me have him only three weeks last summer.

So, my questions are; Is it unreasonable to want him for an entire summer when she moved him away? And, do I have any shot at getting custody of him if I take her to court?

She has moved 5 times over the last 3 years, three different boyfriends, and 4 different jobs. Meanwhile, I have remarried, same job, & same home. Do any of those facts, including her limiting my time with him help my case at all? I'm getting really tired of having to ask her permission to spend time with my son and getting tired of her ever changing circumstances including where the two of them are going to live. Any advice would be appreciated.


Asked on 12/08/07, 2:14 pm

2 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child Custody when one parent moves away

You should be able to get more time. I have had cases where one of the parents moves to another state, and the noncustodial parents gets the kids on every holiday weekend, most of the summer, most of Christmas and every Thanksgiving, to make up for the rest of the time.

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Answered on 12/09/07, 2:25 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Child Custody when one parent moves away

You most definitely have a chance of getting more custody. The reason your custody dwindled so far down is because you just let it happen. If you were to assert your rights and get a court order, you would probably get more custody than you have now and could eventually get primary custody. The standard the court uses to determine child custody is very broad and is based upon a "best interests of the child" test. The stronger case you present showing it is in the child's best interests to be with you, the more custody you will get.

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Answered on 12/08/07, 3:46 pm


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