Legal Question in Family Law in California
What are my options? Here is my situation: I have a 33 month old daughter, whose biological father has only seen her 4 times since he was declared the biological father. I have sole legal custody and primary custody (98%). We had parenting plan that was to alternate visitation as we live 300 miles away. I made our trips so my daughter could have her time with him, but he did not come down to see her. He only calls on her birthday, is hard to get a hold of, doesn't communicate well with me(we were told we needed to communicate via email because he doesn't answer my calls), and well he does pay child support but due to it being a wage garnishment, other than that he wouldn't be paying. Plus he still owes his child support from '07 before the garnishment was in place and half of all daycare expenses. Which has never been paid to me. I want to move out of the state. I notified him and he said I needed to do some convincing, but what convincing do I need to do, when I'm well convinced he wants nothing to do with his daughter. What direction do I need to take?
1 Answer from Attorneys
If father will not sign an agreement that you can move out of state then you will need to get a court order.
If a paternity case has not been filed that would be the first step in the process. The case filed for child support cannot be used for custody and visitation issues. Then file a motion for an order allowing you to move.
The motion for a court order allowing the move should be on the ground that the move will not interfere with father's relationship as he has virtually no relationship with her at this time. Although you do not need to jusify the move providing a reason for the move will help convince the judge to allow the move.
Start the process immediately, as the court process is slow. Retaining counsel would be helpful in the process. If you are unable to retain an attorney, contact the family law clinic for help.
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