Legal Question in Family Law in California
Wish to relocate and take children
My children are 15yrs and 11 yrs. I have joint legal custody and share the physical custody 50/50 with my ex. My hsuband and I both work for the same company in Silicon Valley, he is the President and I am in sales. We've been with the company for 10 years. The health of the company, in the current economy, is in serious jeapardy and we are looking at our options (plan B time) Our home is worth 680K and we cannot keep up payments nor can we afford to sell and buy anything in California. We are looking to move to Oregon where we can afford to raise our family. My question is; at what age are my children able to determine who they want to live with and if we do have to go to court, what are my chances of getting sole physical custody? I am willing to work out any kind of visitation that doesn't interfere with school and I would not seek any child support. My ex has had 24 jobs in the last 17 years...he is in support arears 34K to his first wife. Would these things weigh in my favor?
2 Answers from Attorneys
Re: Wish to relocate and take children
If you go to court these items would carry little weight. The court must order child support. His arrears with the other mother are not truly relevant as child support and custody/visitation are separate issues. Your best approach is to contact him and try to negotiate an agreement. You could then offer to not request child support.
In regard to visitation I would suggest the following:
1. He would have visitation during the vacations and perhaps the 3 day weekends. The exact amount of visitation would depend upon the cost and time involved in transporting the children back and forth.
2. Also suggest that each parent set up a high speed internet connection with a computer and small video camera. This would allow him to have visual contact with the children.
3. The sharing of the cost of transportation would depend upon you financial circumstances and the actual cost of transporting. If possible arrange for the receiving parent to pay for the transportation, or if it is cheaper to buy round trip, then alternate turns with a parent paying both ways when it is their turn.
Start negotiating visitation as quickly as possible. that will give you more time to work out the details.
If it comes down to a custody battle the evaluator and the court will look to see which parent is providing the bulk of the care for the children and how they are doing.
Reply: Wish to relocate and take children
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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