Legal Question in Family Law in California
My ex husband and I have a 2 year old son together. I have sole physical custody and we have joint legal custody. I have been trying to make plans to move with my current husband (who serves the military and is stationed at Ft. Riley, KS) but fear that my son's father with not allow me to move out of state with my son. I have made generous offers regarding visitation while residing in Kansas. I am willing to allow him to have our son for 4 weeks at a time every 3 months meaning he would have our son for both Easter and Christmas and an additional 4 weeks over the summer. The purpose of the move is to not only to live with my husband, but to give me opportunities to attend a nursing school and have a career to better care for our son. It also gives my husband and I more financial stability to only pay for one household as apposed to two in separate states. Is it possible for my son and I to move or will I have to continue to reside in California?
3 Answers from Attorneys
The only way to determine an answer to this question now that you have ascertained that the father will not stipulate to the move is to file a motion requesting the move and let the judge determine the outcome.
I agree. If the father will not stipulate you must ask the Judge to approve it. Based on the facts you've provided, I would say you have a very high chance of the Court approving your request.
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