Legal Question in Family Law in California

My ex wife is planning to move out of state to Seattle Wa with our two sons in february. We have joint leagal custody and she has primary physical. She has been carrying on a long distance relationship with a man that she plans on getting married to for about a year now. She usually goes to see him about once a month but the kids have had very minimal contact with him over the last year. I get to see my kids the 1st and 3rd weekends and have almost never missed a visit and have never been behind on child support. The purposed new plan is that I get my kids for 2 months in the summer and some holidays. My sons ages are 6 and 9, the 9 year old needing special care as he is handycap. I work between 10 and 14 hours a day starting between 2am- 5am every day except weekends. I'm not sure how how I'm even going to get child care that can cover those kind of hours or how I'm going to be able to afford to support my kids, pay the regular child support,and daycare for the two months that I would have them. My question is do think the court will allow her to move with my kids even though she would be breaking up our normal routine and creating such a hardship on me being able to see my kids that I may not be able to make it work without losing time with my kids or take a job working less hours making a lot less money?


Asked on 9/21/09, 4:50 pm

1 Answer from Attorneys

That's a complicated situation, very hard to predict what a court would do. Unfortunately it doesn't sound like you have the option of asking that the kids stay in CA with you, due to your work situation. On the other hand, if it's in the best interest of the children, the court could order that you get primary custody and if you need daycare to work, she has to pay half of that. Without knowing a lot more it's just really hard to make any kind of prediction, and even then the courts can surprise you.

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Answered on 9/21/09, 5:20 pm


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