Legal Question in Family Law in California
relocation in joint custody
I have had 50-50 custody with pretty much a dead beat dad for 8 years. I am in a delima now because I am trying to relocate to the midwest WITH my two children ages 9 & 14.
We have been to numerous mediation sessions all because I had tried to modify the custody. He contested to everything I wanted to change. First I wanted to change custody to week to week...but he didn't want that because of some transportation issues he had. Then I tried to get more percentage of custody since he wasn't really putting in his 50%. My X has been unemployed for about 7 yrs. The kids spend weekends with him. My kids don't have their own bed at their Dad's house and they sleep in a bedroom with their Dad and Grandma who both smoke heavily. During mediation I got the message from the mediator that it will be highly unlikely that I can move out of state with the children with 50-50 custody. It would only be possible if the other spouse is using drugs or abuses them. How can this be?
1 Answer from Attorneys
Re: relocation in joint custody
Because he has 50% custody. You can only try to modify custody so you have more than 50%.
Good luck-Martin