Legal Question in Family Law in California
How long does the stutus of custody ruling last?
In about 1992 or 93 I was in court for custody of my son. We did the mediation and got joint custody. After about 6 months my sons father slacked off on having him during his time and for the last 12 years mour son primary resident has been with me. Now he wants to move out of state. Is the orders from the time we went to court still binding?
1 Answer from Attorneys
Re: How long does the stutus of custody ruling last?
Custody orders are valid until further order of court or the child is emancipated. You should file a motion to modify the custody order. You can support the motion by stating the amount of visitation that has actually occurred. The court will be more interested in the actual visitation than the court ordered visitation. The court considers the affect of the move on the child. The more contact a parent has with a child the greated the adverse affect of the move. Since he wants to move the burden of showing that reduced contact would adversely affect your child. One thing you should consider is the issue of transportation if he has visits out of the state. That is the receiving parent should provide transportation. That will prevent you from being stuck with providing transportation both ways. It will also place the burden of transporting him.