Legal Question in Family Law in California
Custody Question
Currently my girlfriend has primary custody of her 5 year old son, and has had custody his whole life. The son's father is now legally trying to gain joint custody. Currently he has 2 hour visitation rights once a week. My girlfriend and I would like to temporarily move out of state for me to take a job offer. The child's father is trying to prevent that from happening. The father has not been involved with his son almost the entire childs life. He intermittently comes in and out of his son's life, and then disappears for 9 months at a time. My question is, if my girlfriend and I get married and I am the sole provider will the court be able to prevent us from moving and taking her son with us?
1 Answer from Attorneys
Re: Custody Question
The Court will do what is in the childrens best interest. It is very difficult to get the Court to change status quo (the current arrangement), unless it is not in the best interest of the children.
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