Legal Question in Family Law in California

exercise custody without child support payments?

My husband and I are leaving,

military resaons, to the other side of

the country. He is harboring our 15

year old daughter who does not want

to leave the area because of a

boyfriend and school. He has rights

to her, originally, but has not paid

child support in two years. Also, he

cannot pay for his living expenses

much less hers: lunch money,

clothing, health care, anything. We

want to pick her up and move but

want to be in our legal right. What

are our options?


Asked on 12/30/07, 12:18 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: exercise custody without child support payments?

That is a difficult question to answer since there are many factors that go into a judges decision to allow a

parent to move away from the other parent. Also, it appears that you live in San Diego County where we have several new judges with no track record on move-aways. You are best to talk with an attorney who handles child custody matters who can go over all of the factors and the tendencies of the judges in your county. I recently taught a seminar to attorney's on move away requests and can tell you that many no one should give you a straight yes or no answer to the question, but they can give you some good direction and preparation for the requests. This motion could take months to resolve since father will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. Move quickly on this. Call me and we can get this started this week.

Good Luck, Pat McCrary

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Answered on 1/02/08, 10:03 am


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