Legal Question in Family Law in California

When my ex and I divorced the agreement in the child custody was on weekend visits he had to drive to my place to pick up and I drove to his place to pick up at end of weekend. At the time we only lived about 15 miles and 10 min away from each other.

As a result of our divorce our house was lost to foreclosure which meant I HAD to move. I chose to move to the town my family lived in ( and a LOT closer to work) which put us at a distance of 52 miles (53 mins away). He, and his attorny, made a big fuss over the fact that I was SOOO lucky that moved to a new location that was under 60 miles and 60 min because then they would have ground to push to have the custody revisited do to some case that set precendence on this type of situation.

A month ago my ex decided to move ( didn't have to) move to a new city that puts us at a distance of 76 miles and 1.5 drive time. I told him I wasn't driving any further than a new drop off point that was 25 miles away. His response was " Doesn't work that way, it has to be half way". When I restated where I was willing to meet, his response was " I'm calling the court in the morning".

So here are my questions:

1) Really what is the court going to do other than tell him to set a new court date?

2) Since neither of us live in the original county any more, doesn't that now open the case to have a change of venue

3)Since the living situations have dramatically changed since when the custody was drafted this would be a new court case right?

4) What are anyone's thoughts on the fact that he decided ( again, didn't have to) to move to this much further location and then expects me to have to waste more gas, and time due to a decision he made for himself.


Asked on 1/05/12, 7:14 pm

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

To answer your questions in sequence: 1. "Calling" the court is not the normal means to set the matter back on calendar. A new motion must be filed and served. 2. When the motion is filed, a request to change venue to the county where the child will be living would seem justified. 3. Both parents are ambassadors of their children and have a duty to facilitate regular and continuous contact between parent and child, hence skirmishes over the driving distances you've described should be reevaluated.

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Answered on 1/06/12, 7:52 am


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