Legal Question in Family Law in California
Court's position when one parent moves more than 500 miles away from the other p
My son & his wife separated last Sept. & filed for divorce. They have a 19 month old daughter. Wife moved to Sacramento, 500+ miles North of the home they shared with daughter since b4 her birth. Wife stipulated in original filing to Court that she & my son would share custody 50/50, 1 week w/mom,1 week w/dad. Son got 1st week w/daughter, when it was time to get her for his next week wife refused. She changed her mind, says is too long for daughter to be away from mom. Now wants my son to see daughter only every other weekend. Went to Court 11/20, received minute order that my son can have daughter 1 week a month until they return to court 2/19. 3111 evaluation was ordered. Is it the practice of the Court to accomodate the mom's right to live so far away at the detriment of the child & father's relationship, especially with such a travel hardship on a very young child (8 hours by car, which is method mom uses, my son flys so daughter won't have 2b in car so long)? Wife claims she moved to be closer to her extended family, but left behind 2 sons, 10 & 7 (abandoned 50/50 custody to 1st husband).
2 Answers from Attorneys
Re: Court's position when one parent moves more than 500 miles away from the oth
Mom had a presumptive right to move only if she was the primary custodial parent. Since the court order stated that the parties had 50/50 time share, she was not the primary custodial parent and did not have the presumptive right to move. Leaving two other children and moving without court consent raises real questions as to her stability. Your son should have representation if he does not have that at this time. This is an important decision to be made by the judge and your son should give it his best shot. Good Luck, Pat McCrary
Re: Court's position when one parent moves more than 500 miles away from the oth
The court has no power to stop either parent moving. The only power court has is to stop the parent from taking the child. It is difficult to convince the court that the child should not go with the parent. That would normally require detriement to the child if he/she moves with that parent.
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