Legal Question in Family Law in California
Custodial mother and child moved out of state without informing Non custodial pa
I(the non-custodial parent) have a visitation agreement with the custodial parent for our 12 year old son.Every other weekend, certain holidays, the typical agreement. The custodial parent has never in the 12 years complied. Never home when I go to retrieve the child, calls and says child has other plans. that sort of thing.Just recently when the custodial parent wanted more money for support I recieved the paper work from a different state CA.I wasnt even informed of her move until then.I cantacted a lawyer and was told this situation could cost thousands of dollars to modify(flying costs,etc).I do not have that kind of money.Now the mother wants me to buy the plane ticket for his visit this summer. I did not have any say in his move in the first place and cant afford the ticket to have him visit.The custodial parent has no family or ties in CA, except a new boyfriend. I know for a fact she was living in a motel when she first moved there.So it wasnt a move that was for the best of her or her children. She has always ben on social services,so gets a free lawyer anytime she needs one and I seem to get the shaft.Do I have that obligation that I must come up with the dough in order to see my son? Please help.
3 Answers from Attorneys
Re: Custodial mother and child moved out of state without informing Non custodia
How long was he there before you knew he was gone?? If it was a relatively short time, the equities are on your side if you go into court now. If your son has not been in CA for six months, then NY State has jurisdiction over the issues of custody and visitation. You should go into to court and seek a custody order. If her only tie to CA is a new boyfriend and if you have spent significant or steady amounts of time on visitation, you might have a good shot at a custody award.
Re: Custodial mother and child moved out of state without informing Non custodia
You may be able to compell the mother to return the child to New York. In order to relocate, the relocation must be in the best interests of the child. I would urge you to move quickly before that child becomes re-established in his new locale.
Let me know if I can be of help.
Daniel Clement
212-683-9551
Re: Custodial mother and child moved out of state without informing Non custodia
You may be able to compell the mother to return the child to New York.You have good chances inthe court
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