Legal Question in Family Law in California

Move away from CA to AZ

Hello, I have 2 daughters (6 & 8). I have been divorced for 3 years, have joint legal custody and primary physical custody with an 80% 20% split. My ex husband only recently started paying his child support, but has been very regular with seeing the girls. I have not been able to keep up with my mortgage payments as a result of non-payment of support and will have to move. I have been offered a job in fountain hills, AZ and relocation money along with it. This could provide a stability and consistency for my girls that so far has been difficult for me to provide. My ex-husband has said that he refuses to let me move anywhere outside of a 20 mile radius to his home. I am more than willing to find a visitation agreement (summers, holidays, etc) that will keep him in close contact with the girls. I really think it is important for them to have dedicated daddy time, and will work hard to make sure that happens (pay all of the travel fees, drive them myself etc.) but he says absolutely not. Can I fight this without major legal fees? Can I go to conciliation court? I don't want my girls to be involved in a legal battle. Also, I was told that I might have to pay for his legal fees if I try to move, is that true? Thanks for your help!ca


Asked on 5/27/09, 3:18 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Move away from CA to AZ

You should file a motion for a court order allowing you to move. This will result in mediation. At mediation you could suggest that each of you obtain a high speed internet connection and web cam. This will allow the daughters and father to see each other on a regular basis. At mediation and if necessary court be careful not to offer too much to get the order to move. Travel costs can be very high and if you drive very time consuming. Limit the amount of time and money that is involved, connect it to the amount of child support that is paid. Such as a percent of the child support. You might estimate the present costs of travel and then allow him to deduct a portion of the costs of visitation if he pays, or limit the amount you will pay by the same amount, by the same amount. You should also consider unknown changes in the future and provide for modification of the visitation order.

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Answered on 5/31/09, 8:53 pm


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