SCImike
newbie
Reged: 09/28/06
Posts: 37
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Hi all,
I have full physical custody and joint legal custody. Can anyone here telling me if I accept a job offer out of the state, what chance that I can get the permission from court that allows me to take my son with me. My son is 2 ½ yr old and has been living with me about one year after my ex move out to live with another guy. She is not paying any child support because she is not willing to pay and I decide not going after her for the money. So, there is no court order for CS. Currently she only visit my son 8 hours a week by her choice. I am currently living in CA and the job is in TX.
For best interest of the kid: move to TX, I will have more money left from my salary for him to get into music classes, sports or others, now in CA, I can not afford any of these. We will have better house. We are living in a condo now with no yard and no good school around; I can afford a house there with the new job and it will be in new community with good schools for my son. If I don’t move, I will have to be on unemployment for a while and looking for a new job and will have much less income during job hunting and may not get a good job after.
Are above good reasons to move out of state and bring my son along?
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jil_stevens
Carpal \'Tunnel
Reged: 07/31/06
Posts: 3893
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I think those sound like good reasons...of course a judge might see it differently, but I think you have as good a reason as could be expected. And she isn't exactly an active parent now, so I would say you have nothing to lose by trying to move. Good luck!
BTW I would def. get an attorney, it shouldn't be very long, but you want to ensure you do everything in the best manner to ensure success.
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PAFamilyLawNet
member
Reged: 10/09/06
Posts: 128
Loc: PA
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if the move will benefit you financially which indirectly benefits your child, I would say you have a good chance of having your request granted.
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All Things Pennsylvania Family Law
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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If this is a California case, the critical case law in your state can be found in the LaMusga Supreme Court decision found online at http://www.thelizlibrary.org/lamusga/LAMUSGA-DECISION-S107355.PDF.
There is no guarantee and it could be a fight. A change of custody general requires a showing that there has been a change in circumstance since the last order and the change of custody is in the best interests of teh child. In a move-away contest, a change of custody Motion is often filed. In such a case, where the noncustodial parent is unable to meet the changed circumstances/detriment burden to warrant a custody modification, the move-away likely will warrant a modification of orders concerning visitation to minimize the children's loss of contact with the noncustodial parent. [Marriage of Burgess, supra, 13 Cal.4th at 40, 51 Cal.Rptr.2d at 455; see Marriage of Bryant (2001) 91 Cal.App.4th 789, 794, 110 Cal.Rptr.2d 791, 796 (non-move-away parent granted liberal visitation)] The trial court even has discretion in such cases to order the custodial move-away parent to bear the visitation travel costs either directly or through a Ca Fam § 4057(b)(5) "special circumstances" takeoff from guideline child support.
Interesting, however is the fact that the Note stability of child's environment must be considered. In some cases, however, a custody modification is warranted to preserve the children's interest in stability and continuity of environment.
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SCImike
newbie
Reged: 09/28/06
Posts: 37
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I have full custody now by the order of a judge. I think I can move to anywhere. Am I right about this?
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hippie1981
veteran
Reged: 09/27/05
Posts: 1304
Loc: Wisconsin
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Unless it says otherwise in your divorce decree. I have sole legal and physical custody of my daughter, but I am not allowed to move farther than 409 miles from my ex, without his permission. That is our current distance apart, btw. I can move closer if I wanted to...but I really don't want to.
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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Every state has different laws. In Wisconsin, you must follow procedures to move more than 150 miles away. In Minnesota, an out of state move requires an agreement of the parties or an order of the court
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Lynn2007
recently joined
Reged: 10/25/07
Posts: 6
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It all depends on how your decree is written. I guess I got extremely lucky on mine. I just have to notify my Exhusband to where I am moving to. Because the case where the divorce was filed is not where I live and where my son never lived there. So that court can not tell me I can not move out of where I live and move back there. Also doesn't help that my sons father doesn't reside in that state (or even where I live). But rule of thumb, a court will allow the move, if it benefits the children. And if you come to an agreement on visitations. Since she's behind in child support doesn't help her case either. Good luck!
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
I have full custody now by the order of a judge. I think I can move to anywhere. Am I right about this?
Typically no.
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GO CUBBIES!!!!
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