Legal Question in Family Law in California

Joint custody and parent leaving the state

My ex and I share custody of 3 boys, one of which is autistic. He is involved with another woman and is expecting his 2nd baby with her, they are not married. He is saying he wants to move to Oregon with her and is expecting the boys with him for 3 months in the summer. This will not work for my disabled child at all as he will miss school and services. What are his chances of being able to get this? I am very worried, should I be?


Asked on 11/28/07, 6:38 pm

2 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: Joint custody and parent leaving the state

Try to work this out with the dad, that he can get services there also to help while the child is with him for 3 months.

If it is imperative for your son to continue the services where you are located, and it would be detrimental to his well-being to be with his dad for 3 months, then you need to ask the judge to make it for short-term visits rather than long-term visits.

You need to put together a very good, solid declaration for this matter. You consult with an attorney on this.

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Answered on 11/29/07, 12:35 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Joint custody and parent leaving the state

Courts are going to do what's best for the children. Which usually means having as much time possible with both parents. If your autistic son can attend school at another time, then the court will probably try to make that work. I wouldn't worry too much. These things seem to always work out in the long run. By the way, three full months during the summer seems a little excessive to me. It will likely be broken up into two three/four week periods.

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Answered on 12/04/07, 10:02 pm


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