Legal Question in Family Law in California

move-away order

I have sole legal and sole physical custody for two years now. My ex-wife has 20% ''conditional'' visitations(permanent order) due to DV child endangerment issues. The ''condition'' is that she can continue unsupervised visits every other weekend as long as she does not expose the kids to violence. No stips were made by the court that she could get more time by not exposing the children to violence anymore.I want to move out of state and would like to know my chances of obtaining a move away order by proving cheaper cost-of-living, lower crime rate, better public schools, just better quality of life for the kids, all this in Colorado, especially given the custody status and her failure to fulfill recommendations(parenting classes, therapy). She has also failed to exercise the kids right to two weeks of vacation annually in addition to visits for the last five years when the kids have asked her.


Asked on 12/31/06, 2:37 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: move-away order

There are many issues that the court must consider in granting a move-away request. Cost of living is a minor portion of that consideration and only goes to your motive in moving, i.e. it will be denied if your motive is to move away from the other parent. I taught a seminar to attorneys in the El Cajon court a few months ago. You would do well to have an attorney consulation before you proceed with the request. You should also plan long in advance. Call me and bring your file to the consultation, I can give you my opinion of your chances only after reviewing all the facts. Good Luck, Pat McCrary

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Answered on 1/02/07, 9:45 am


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