Legal Question in Family Law in California

My ex wife and I have been separated for 14 months and over the course of that time period I have had my children a minimum of every weekend from Sat 9am to Sun 6pm, which is what the current orders specify. Over the past few months I have had the children more. Some times up to three nights a week. I have been helping her get our oldest to school, and watching our youngest when she has asked. My ex and I have been getting along and have showed and interest in having increasingly more time with our children. Over the past month, my ex has become more serious with a guy she is dating that lives in the state of Washington. We live in CA. She has been talking about wanting to move up there if her and him decide to get married. She has told me that she wants me to sign papers allowing her to move with the children, or for me to move up there as well. I have not the means to move, and the proposed move would seriously impact my chances of seeing my children as she does not and would not have the means to send the kids back to CA for me to see them. I've been trying to do whats in the best interest of my kids, and I feel that them moving out of state would disrupt their lives. My oldest goes to school here, and all of the extended family is here in CA. I don't want to loose my kids to her move. She has already threatened legal action because I haven't yet given her permission to move. I 've told her that I'm keeping an open mind and trying to do whats in the best interest of the kids. I have 90 pages of documentation on this issue from Oct 1st 2010 on. Since we've not been able to agree on the move she is not letting me see the kids outside of the custody agreements specified time. What can I do?


Asked on 10/15/10, 4:12 pm

1 Answer from Attorneys

I suggest you beat her to the courthouse. File an OSC why your custodial time should not be increased to match the actual time you have been having. Point out that your ex2B is using the kids as pawns and all you are asking for is that the order reflect the natural custodial pattern that had evolved. Family judges don't like using time with the kids as a carrot and stick. Move-aways are disfavored when they would terminate the non-custodial parent's relationship with the kids. If you have her on record as cutting into the growing relationship with your kids as a penalty for not doing what she wants, and she then trys to get a move-away order, she'll start with two strikes against her.

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Answered on 10/20/10, 4:43 pm


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