Legal Question in Family Law in California

Re: full custody

Yes...you have very a good chance to get the sole physical custody. Where is your case?

Re: full custody

Yes...you have very a good chance to get the sole physical custody. Where is your case?

Re: full custody

I am afraid it is not so easy to answer the questions as to what your chances may be. Your post raises as many questions as it asks. For example, given the geography, it would seem rather unusual that any court order for share "physical" custody would be entered. Shared "legal" custody is not the same thing.

Second, in order to change custody in Minnesota, you must have some showing that the child is endangered based on the current custodial arrangement and that the benefit of the change outweighs any harm. This is a significant burden. Your stated facts certainly raise some questions as to whether endangerment has occurred, but some adverse impact on the child would be necessary to prove the point. It would not simply be assumed.

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Re: full custody

I would also point out that my response pertains to Minnesota law and would apply if your original custody order was entered by a Minnesota court.

Re: full custody

I agree that there is concern about how healthy the living situation is for your daughter in California. To answer your question more thoroughly, I would need to know whether the current joint custody order is a Minnesota court order or a California court order. Please feel free to follow up with me at [email protected].

Re: full custody

File an OSC to modify the custody/visitation order.

Re: full custody

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. You are best to talk with an attorney who handles

child custody matters in the county where the child lives, 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 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. You should file a motion to request that the change right away.she attempts to just up and move. This motion could take months to resolve since father will have a right to an evidentiary hearing, that is a trial rather than a simple hearing.

Good Luck, Pat McCrary