Legal Question in Family Law in California
Moving out of state
My husband accepted a job transfer to CA several years ago with the promise that we would move home to Washington in two years. He kept postponing it. We divorced a year ago. Now I want to move home with my 10 year old daughter. My entire family and most of his family lives in WA
He remarried. Other than his wife and her family, he has no friends or relatives in the area.
My financial future will be much better in WA.
He was an abusive husband and is not a very good father.
Our custody arrangement is that he sees her 25%. He actually sees her 52 days a year and never calls her.
He will let me go to WA if I agree to let him have her the entire summer, Thanksgiving, a week at Xmas, and spring break. I think my child needs to spend some of her non-school time at home.
Our MSA states ''In the event the WIFE excercises the poosibility of relocating to another state, the wife and husband shall cooperate and file an addendum specifying visitation that will be in the best interest of the minor child.'' I have documentation that he accepted my desire to relocate. My child wants to see her father but not as much as he has asked for. He & his wife have financial resources. They make 8x my yearly wage. He has a lawyer.
What do I do?
3 Answers from Attorneys
Re: Moving out of state
His plan appears a little over bearing. You need to define the parameters before the court in Ca before you leave.
Re: Moving out of state
the first thing you should do under the circumstances you outline in your question, would be to have an attorney look over the documentation you have in respect to what your ex agreed to in writing regarding your relocation. you should also have your attorney look over the existing court orders regarding this relocation issue and what is exactly needed to effectuate your desire to move in respect to existing custody/visitation orders. this will be crucial in advising you of your specific rights here and if an OSC hearing may or may not be needed to do such. if you would like further legal assistance in this matter, contact us directly today for such help and advice thereafter.
Re: Moving out of state
If you are unable to negotiate a reasonable visitation schedule retain an attorney and file a motion for visitation, and attorney fees. The court may order him to pay your attorney fees. This will be the case if he is unreasonable about the visitation.
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