Legal Question in Family Law in California
Can my husband transfer?
My husband is being transfered from No. Calif to So. Calif. He has primary physical custody (since 1991) of his 12 1/2 year old son. The ex has every other weekend and 6 weeks in summer, and every other wednesday {which was granted only because she was living right around the corner from us at the time, but is no longer}. My husband is not taking any of her visitation away from her, except the wednesdays, but has offered her this: she will not have to pay child support anymore, instead use that money to buy plane tickets for the child to fly to see her twice a month, six straight weeks in summer, nothing else will change. We are willing to give and work with her on this, but she wants to take us to court. The child wants to stay with us. Can we leave? Are we being unreasonable? I thought the laws changed and we can move without interference. Please let me know. We have purchased a darling new home and we are all excited....thank you for ANY help!
2 Answers from Attorneys
Re: Can my husband transfer?
You fail to recognize that your husband is taking a lot away from the boy's mother. She will not be able to attend any of his daily functions, such as school activities or parent teacher conference, or athletic events or whatever their son participates in. She will be relegated to the great inconvenience of weekend travel to see the boy. Think of how it would affect you if you were in the mother's position. Furthermore, the boy is being deprived of his RIGHT to see and have close contact with his mother. The boy's world is now being turned upside down again, not only will he lose his friends but now he loses more of his mother.
The court can intervene to determine if the move is in the best interests of the boy. Clearly you think that it is in your best interests, but then I suspect that your "darling new home" is more important to you than what happens to the boy.
Re: Can my husband transfer?
Your husband will have to go to court, the court will order them to go to mediation in an attempt to come to an agreement. If they are unable to come to an agreement then the court will order an assessment, and a recommendation for the custody and visitation.
It is probable that the recommendation for visitation will in all probability be very similar to what your husband has offered.
It is unlikely that a change of custody will be considered.
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