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Challenging Custody Restriction in California

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Plannofel

Junior Member
I have joint custody with my son's mother. She moved to Florida and I maintained year custody while she has summers and holidays. We've had this arrangement for
In mediation when we made the custody agreement she outlined a restriction that I was not allowed to leave the country with my son. Presumably out of spite as my wife lives in another country, but I guess the reason doesn't matter.
Recently my son and I have been approved for immigration to the country my wife lives in. How difficult is it to challenge a location restriction on a custody agreement? Can I make up a case that not only would it be helpful for our family life but also just a better quality of life in general?
I don't have a full time job currently, I have two part time jobs in order to provide for us whereas in my wife's country I have a generous job offer. I'm confident that I could prove the move would be positive for both me and my son.

Is there anything to help prevent/fight restrictions made out of spite? If she had a legitimate reason for me not moving I would seriously take it into consideration but there are very few negatives for so many positives. It's really frustrating that she can dictate where we go when she has no interaction with him 8-9 months out of the year. She doesn't even keep updated or try to talk to him ever which makes it extra frustrating to feel like I dedicate way more to my son but am prevented from improving our lives in the only way I feel capable of doing.
 


Proserpina

Senior Member
I have joint custody with my son's mother. She moved to Florida and I maintained year custody while she has summers and holidays. We've had this arrangement for
In mediation when we made the custody agreement she outlined a restriction that I was not allowed to leave the country with my son. Presumably out of spite as my wife lives in another country, but I guess the reason doesn't matter.
Recently my son and I have been approved for immigration to the country my wife lives in. How difficult is it to challenge a location restriction on a custody agreement? Can I make up a case that not only would it be helpful for our family life but also just a better quality of life in general?
I don't have a full time job currently, I have two part time jobs in order to provide for us whereas in my wife's country I have a generous job offer. I'm confident that I could prove the move would be positive for both me and my son.

Is there anything to help prevent/fight restrictions made out of spite? If she had a legitimate reason for me not moving I would seriously take it into consideration but there are very few negatives for so many positives. It's really frustrating that she can dictate where we go when she has no interaction with him 8-9 months out of the year. She doesn't even keep updated or try to talk to him ever which makes it extra frustrating to feel like I dedicate way more to my son but am prevented from improving our lives in the only way I feel capable of doing.

You're wanting to move abroad, Mom doesn't want your mutual child to move with you - is that correct?

If you're to have any chance of success, you need an attorney. Relocating out of the country is FAR different from relocating out of state. Given that Mom is clearly fit, you may be forced to decide whether you want to move alone and let your child live with Mom, or stay put in this country.
 

CJane

Senior Member
You agreed to this restriction while your wife was living out of country - and you have lived within that restriction for an unknown amount of time - and now you want to 1) change it, and 2) blame your ex that it exists at all?

You'll have a tough time convincing a judge to drop something you agreed to when nothing has changed.
 

stealth2

Under the Radar Member
BUT... OP is wanting to move TO the country Mom lives in. I doubt a judge will not grant that. OP - speak w/a local atty.
 

LdiJ

Senior Member
I have joint custody with my son's mother. She moved to Florida and I maintained year custody while she has summers and holidays. We've had this arrangement for
In mediation when we made the custody agreement she outlined a restriction that I was not allowed to leave the country with my son. Presumably out of spite as my wife lives in another country, but I guess the reason doesn't matter.
Out of spite? Are you seriously that oblivious?

Recently my son and I have been approved for immigration to the country my wife lives in. How difficult is it to challenge a location restriction on a custody agreement? Can I make up a case that not only would it be helpful for our family life but also just a better quality of life in general?
I don't have a full time job currently, I have two part time jobs in order to provide for us whereas in my wife's country I have a generous job offer. I'm confident that I could prove the move would be positive for both me and my son.
Your odds of prevailing are slim to none, and slim has left the building.

Is there anything to help prevent/fight restrictions made out of spite? If she had a legitimate reason for me not moving I would seriously take it into consideration but there are very few negatives for so many positives. It's really frustrating that she can dictate where we go when she has no interaction with him 8-9 months out of the year. She doesn't even keep updated or try to talk to him ever which makes it extra frustrating to feel like I dedicate way more to my son but am prevented from improving our lives in the only way I feel capable of doing.
Again...spite? Dad, there is no parent out there, anywhere, who wouldn't have a problem with their child moving out of the country. I am astonished that you do not realize that and would actually consider mom's objections to be out of "spite".

Can a relocation like that work in theory? Yes, it can if there is utter trust between the parents and utter commitment to the parent/child relationship on both ends, but based on what you are saying here, that trust certainly does not exist and the fact that you consider mom's objections to be out of "spite" is a clear indication that you do NOT get anything.
 

stealth2

Under the Radar Member
Easy solution, Dad - YOU move out of the country to be with your wife and leave your son with his mother.
 

Just Blue

Senior Member
I have joint custody with my son's mother. She moved to Florida and I maintained year custody while she has summers and holidays. We've had this arrangement for
In mediation when we made the custody agreement she outlined a restriction that I was not allowed to leave the country with my son. Presumably out of spite as my wife lives in another country, but I guess the reason doesn't matter.
Recently my son and I have been approved for immigration to the country my wife lives in. How difficult is it to challenge a location restriction on a custody agreement? Can I make up a case that not only would it be helpful for our family life but also just a better quality of life in general?
I don't have a full time job currently, I have two part time jobs in order to provide for us whereas in my wife's country I have a generous job offer. I'm confident that I could prove the move would be positive for both me and my son.

Is there anything to help prevent/fight restrictions made out of spite? If she had a legitimate reason for me not moving I would seriously take it into consideration but there are very few negatives for so many positives. It's really frustrating that she can dictate where we go when she has no interaction with him 8-9 months out of the year. She doesn't even keep updated or try to talk to him ever which makes it extra frustrating to feel like I dedicate way more to my son but am prevented from improving our lives in the only way I feel capable of doing.

Just going to comment on this one portion of your ...bizzarr thread.

If the only way you "improve the life" of you and your son is by moving to another country? You really should transfer custody to Mom.
 

CJane

Senior Member
Dad - you work 2 jobs. The child goes to school most of the day, more days than not. You spend what - 2-3 hours/day with your child at the MOST?

On the other hand, Mom has the child ALL summer, ALL holidays. Basically all of the child's non-school time other than weekends during the school year. That's a whole lot more actual time with the child than you have.
 

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