Legal Question in Family Law in California

ex-wife wants to move out of state

my ex and i have 2 children ages 9 and 10. i pay her $750 a month in child support and our custody agreement says that i am to have our children 2 nights and 2 days a week, however, i often have them 4-5 nights a week (all of which i have recorded in a day planner over the past year) and i pay for activities such as gymnastics and sports and am often left with the responsibility of taking them to all practices, ect. now my ex is trying to move to idaho and says that since she has the most time with them according to the custody agreement and she is their ''mother'' she will be able to take them and she is so generously ''offerring'' them to me over summers. also, all of my ex's family is here in ca, so she would be taking away their relationships with virtually everyone in their lives. I am getting re-married in the spring and my wife-to-be and i would like to fight for custody, giving her visitation in the summers. will the courts look at how much i do with my children already? or will she win out simply because she is their mom?


Asked on 6/20/06, 6:19 am

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: ex-wife wants to move out of state

You will absolutely have to have an attorney who is familiar with custody issues. You have to get the court to order an evaluation and be prepared to go to a trial and call the evaluator as a witness (whether or not the evaluation favors you). The best interests of the children is the standard so the factors you bring up are certainly relevant. Before this gets rolling you need an order that neither of you will discuss the dispute with the children except to say that you are both working on making sure they continue to see both parents. If there is any way to head off this fight do it. You may offer to continue the support at the same level even though the time share with mom may be less. In other words agree to pay more than guidelines support. Of course once she moves you are allowed to change your mind and ask that support be modified to guidelines. I'd give it a year to firmly establish the new custody plan lest she move back and try to regain her possition as primary custodial parent. You know that the court is still biased toward the mother but never say that to anyone because it won't get you anywhere. Get married sooner if possible. Your new wife will be your biggest asset in this fight. The court's attitude toward step-mothers has improved more than towards fathers.

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Answered on 6/20/06, 12:34 pm


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