Legal Question in Family Law in California

I have sole physical and legal custody of my 17 month old son. The father lives 500 miles away and visits sporadically (he has supervised visitation at my discretion). He is now threatening to move up here and wants to fight me to have my son when I am at school or working. Currently, (and since birth) my parents have my son when I am not there. I guess I want to know if he is going to be able to change my sons routine if he does move up here?


Asked on 9/24/11, 9:51 pm

2 Answer from Attorneys

Michael Schneider Family Law Center

Yes, if he moves closer, there is a distinct possibility that he may get more time with your child. Normally, the presumption is that if available, better that a child should be with a parent. But, the court will look at many factors including the history of the father's involvement and the original basis for having given him supervised visits.

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Answered on 9/25/11, 10:33 am


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