Legal Question in Family Law in California
Custody - military orders
I have primary custody of my 10 year old son. Father has joint legal and physical custody. Timeshare is 65/35. I have remarried five years and my husband is in the military. Current divorce orders prohibit both parents from taking the child from the state. However, if my husband should receive orders out of the state, what is the likelihood that a judge would allow me take my son with me and modify the time with father to whenever my son is not in school, such as the summer and school breaks? I'm sure that the father would oppose the change, however I know that would not be in my son's best interests. I have already had to go back to court to modify the court orders of visitation because my son was struggling in school and brought to the court's attention the Dad's lack of involvement in schooling and homework (i.e. Disneyland Dad). The judge did modify the orders so that I have more timeshare, yet advised the father that he needed to be more involved and take on more parental responsibility of my son. My husband may be up for orders within a year and I'm concerned. What is the likelihood that a judge will allow my son to move with me?
1 Answer from Attorneys
Re: Custody - military orders
Based upon the information you have given, the court would probably approve of your move away request. However, this decision depends upon all custody factors, which are numerous and end in the concept of the best interest of the child. You should file your motion as soon as you know that your husband will get orders because this can take months. Good Luck, Pat McCrary
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