Legal Question in Family Law in California

My son
My sonlives with his wife in Queens. He has been a stay-at-home dad for the last six years, taking care of his two children. The oldest, a boy, is autistic and requires special attention. The youngest, a girl, is quite normal. My son, born and raised in Canada, is at home in California; while his wife, born and raised in New York City, cannot remove herself from there. My son wants to return to California. Believe me when I say that this is not a passing fancy. For at least 10 years my son has attempted to convince his wife to move to San Diego, California. His efforts to convince his wife have bore no fruit. My son suggests to me that his life is passing him by living in New York. He desparately wants to return to San Diego. What legal leg does he possess to coerce his wife into relocating to California? Besides having two children they own a condo in Queens worth some money. He wishes to consider divorce. He wishes to relocate his children to San Diego; especially for his autistic son. Does he have a case? Feel free to consult me at any time. Thank you.

Asked on 11/28/08, 1:30 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

0 users found helpful

0 attorneys agreed

Re: My son

Nobody can stop him from moving. He and his soon to be ex wife can either work out a long distance parenting plan or the court will do it for them. It would be best if he stayed put until his kids got older. If that's not an option, then he will have to live with seeing his kids about 30% of the time. Unless of course, the court or wife gives him primary custody.

Answered on 11/28/08, 10:47 pm

Mark as helpful