Legal Question in Family Law in California
I have a three yr old son. His father and i split when our son was 6 mo old, we were never married and quickly set up visitation (worked up to every other weekend and alternating holidays about a yr ago). My husband and I are being moved by the airforce to Georgia. My ex has no income, still lives with and relies fully on his parents, and pays no support. I went to court for permission to leave the state with my son and now his father is refusing to come to an agreement and is now asking for more custody. Mediation was a bust and the judge didnt decide anything, he's just sending us to trial. Whats going on? My next court date is April 1 and my husband now has to leave us behind because hes due at his base mid march.How long is this going to take? what's normal visitation for a child his age away from his primary parent? What happens in the future if he can't help with travel expenses for his visitation? Do I have to pay? What if I can't?
1 Answer from Attorneys
Move aways are the most challenging aspect of family law custody litigation. You should not expect it to be resolved quickly. At the trial you will need to prove to the court that it is in the best interests of the child that he continue to live with you and be primarily in your household. That would be up the court to believe you. There will be the additional issue of the travel expense for visitation. If the father is unable to travel to George how would he get his visits with his child. Those are all things you would need to make a proposal to the court about to convince them that your idea and proposal is fair. The court would not want the fathers visitation to be terminated by the move away.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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