Legal Question in Family Law in California

Moving 1 hour away

We have 6 year old daughter with joint legal and primary (sole) physical with me - mother. His visits are M and F from after school until 7 pm and every other weekend. KEEP IN MIND that M and F visits - his girlfriend picks up my daughter and keeps her until hes home from work at 5 pm. He's only with her for 2 hours on his weeknight visits. I've considered moving out to my parents (1-hour away) so that I may be able to find a job where I'm with her more after school since I don't get off of my job until 7 pm (I work M,W,F and his weekends). Currently we are 20 to 30 minutes away depending on traffic.

He would rather me get a better job (with more hours) and allow his girlfriend to have my daughter - NOT HIM - but his girlfriend so that I can stay 30 minutes away instead of 1-hour.

I know the courts look at the best interest of my daughter. Does he stand a chance of keeping me here as being the best interest of my daughter when my daughter would only be spending more time with his girlfriend - not him?

Any advise or help would be greatly appreciated.


Asked on 3/12/08, 12:46 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Moving 1 hour away

try to get him to consent to a plan that works best for both of you. you can stipulate to the plan without going to court. if you need help make an appointment with the court provided mediator. it's free.

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Answered on 3/12/08, 10:05 pm


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