Legal Question in Family Law in California
My wife and I have 80% custody of my two children from a prior marriage; ages 3 and 5. The kids' mom moved to the bay area 3yrs ago and is just recently(as of last summer) re-entering their lives. Instead of weekends-only, she would like "flip flop" for the entire summer break. I would have the kids on the weekends and her during the week.
Although I don't like the sound of this agreement for summer, my kids need to spend more time with their mother. I'm mostly concerned that she will try to file for a change of custody in the bay area and that I will have to go to court down there instead of Sacramento county.
How long would the kids have to stay with her for her to be able to begin a custody case in the new county?
1 Answer from Attorneys
From your description of the parenting relationship, it sounds as if you were the primary custodial parent. Just because the mother is requesting to have the children with her does not mean to say the court would agree. You've been the primary custodial parent for some time. Please meet with an experienced family law attorney to review your legal options as well as your last court order.
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