Legal Question in Family Law in California
Shared custody
My ex and I share custody of our two year old. We've never set anything up by the courts, we just do what works out best for our schedules. My son lives with me and I take him to his dad's when I work nights. I have recently gotten engaged and my fiance's work is in Minnesota. I would like to be able to move there with my son but I'm not sure what my rights are. Can he fight me for custody even though I've had him primarily since he was seven months old?
1 Answer from Attorneys
Re: Shared custody
That is a difficult
question to answer since there are many factors that go into a judges decision to allow a parent to move
away from the other parent. You are best to talk with an attorney who handles child custody matters
who can go over all of the factors and the tendencies of the judges in your county. I recently taught a
seminar to attorney's on move away requests and can tell you that many no one should give you a straight yes or no answer to the question, but they can give you some good direction and preparation for the requests. This motion could take months to resolve since father will have a right to an evidenciary hearing, that is a trial rather than a simple hearing. Good Luck, Pat McCrary
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