Legal Question in Family Law in California

Wants to relocate

Legally divorced, 5 years. I want to relocate to my homestate with daughters (11 and 14) on the grounds that I can no longer afford the cost of living in California. The marriage terminated due to domestic violence, ex spouse owes well over $30,000 in back child support, but he makes the effort to see the children in accordance with visitation agreement. He has a girlfriend in another state that is even farther away than my homestate, and he sees her every three months or so. I have an offer of employment in the homestate, and have researched the schools, and I would also be able to take care of my aged father while there. I am fully in favor of the children having meaningful visitation with their father, but not on the level of whole summers and whole vacations away from their new home on the grounds that it would keep them from making a successful social and emotional adjustment to the new environment. What are my chances of success in today's legal climate in this region of the country. I'm flat broke and my family could help us out greatly if I moved there. I want to do it right, and I want everybody to be as satisfied as possible. If their father refuses, could mediation help, or is litigation the only option?


Asked on 2/22/06, 6:32 pm

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Wants to relocate

You should first try to work out a new visitation plan which you can submit to the court as a Stipulated Order. If that isn't possible you have to file a motion and will get mediation to help you come up with a plan. The legal standard is that the parent with primary custody may move unless it would be better for the children to change custody (which is rarely the case). The support arrears is a comepletely separate issue but one that you may want to address at the same time before you leave California. Unless the support is owed to Child Support Services/County you are free to bargain with Father. You may want to get some help from the family law facilitator or a low fee program.

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Answered on 2/22/06, 7:54 pm


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