Legal Question in Family Law in California
I live in California and just accepted a transfer to Kentucky. The problem is that I am remarried and my 15 year old son's mother lives here in California. Here is the background. We got divorced when he was 4 and he lived with her after that. I lived in Washington and she took him to southern california. After a few years I made my way back to southern california to be closer to him. It was apparent that the living situation was not good for him. She is bipolar, an alcoholic, a smoker and unemployed. In 2008 I had enough and took her to court for him to come live with me. After a couple court appearances and a psych evaluation I got custody of my son. He has lived with us for that last 4 years and visits his mother about 2 times a month. She pays NO child support. He is usually not excited about going and wants to come home early most of the time. She still drinks, smokes, is unemployed and is still bipolar. She has 3 other kids with 3 other fathers and my son says that when he is there he is mostly babysitting because his mom is outside smoking/drinking or going to the store for a couple hours.
So my question is... What do i need to do to move out of state? I am assuming that because of the way she is she will say no. My son wants to go and is really excited about it. She is our only road block. I am willing to fly him out 3 times a year (spring break, time in the summer and winter break) for visitation.
Please help.
1 Answer from Attorneys
We would need to file an Order to Show Cause to modify the custody/visitation arrangement based on your proposed move-away. The court would then appoint what is called a "730 evaluator", which is a Psychologist to do an analysis and a report, giving their recommendation, which ususally is in favor of a move-away, unless there is some improper purpose, or is not in the child's best interest.
If you wish to discuss your matter further, please contact me.
BARRY BESSER
www.besserlaw.com