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  1. #1
    jjzs is offline Junior Member
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    Move out of state motion- CA

    California.

    I was awarded sole legal and physical custody in a 3 year restraining order last year. Since then my financial situation has deteriorated. I am unable to find employment and have been looking for nearly 1 yr. The only jobs I can find are for just over minimum wage, not enough to support my daughter in most places in our state.

    I've requested a motion to move so that I can go back to school to become an RN. I'm going to move with my sister in another state. My ex currently has e/o/weekend. I'm afraid that the judge will not allow this move and force us to stay here. In which case I will not be able to afford rent let alone provide food or child care for my daughter. She is 9 yrs old and has lived with me for all 9 yrs.

    What are the chances of the judge denying my request? My ex is unemployed and is in the process of losing his house. He has no financial means to care for her. Remember, I have a DV RO on him.
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by jjzs View Post
    California.

    I was awarded sole legal and physical custody in a 3 year restraining order last year. Since then my financial situation has deteriorated. I am unable to find employment and have been looking for nearly 1 yr. The only jobs I can find are for just over minimum wage, not enough to support my daughter in most places in our state.

    I've requested a motion to move so that I can go back to school to become an RN. I'm going to move with my sister in another state. My ex currently has e/o/weekend. I'm afraid that the judge will not allow this move and force us to stay here. In which case I will not be able to afford rent let alone provide food or child care for my daughter. She is 9 yrs old and has lived with me for all 9 yrs.

    What are the chances of the judge denying my request? My ex is unemployed and is in the process of losing his house. He has no financial means to care for her. Remember, I have a DV RO on him.

    dad having EOW, and no restraining on his own daughter for him, doesn't help you. the court will not force you to stay in this state. they can prevent the child from leaving. if you move, plan on moving without your daughter and plan on paying for all costs of transportation to see your daughter, and plan on paying child support.


    here's the problem that most parents don't pay attention to. you can file a motion for permission to move. if the judge does not grant you taking your daughter with you, custody can be granted to dad if he asks for it. now, when the judge makes that decision, you cannot jump up and say, "nevermind, i'm not moving. i'll stay so i can keep custody". custody could still go to dad. you walk away with being the non-custodial parent. is that a risk you are planning on taking?

    ETA: i've seen it happen, so it IS a risk. but i did alter the first post.
    Last edited by Isis1; 04-08-2009 at 04:49 PM. Reason: revised
  3. #3
    profmum is offline Senior Member
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    Quote Originally Posted by IsabellaSoriano View Post

    here's the problem that most parents don't pay attention to. you can file a motion for permission to move. if the judge does not grant you taking your daughter with you, custody will be granted to dad if he asks for it. now, when the judge makes that decision, you cannot jump up and say, "nevermind, i'm not moving. i'll stay so i can keep custody". custody still goes to dad. you walk away with being the non-custodial parent. is that a risk you are planning on taking?

    This is NOT necessarily true OP, dad will not get custody automatically if you choose NOT to move. Also there are a national crisis here,we are in a well documented recessions, under these circumstances,judges may mbe more inclined to allow such a move. I say this from the experience of a friend who experienced an economic downturm and was allowed to move the children.
    So the answer is you have a 50-50 shot. Your best bet is to present a detailed picture of why it has been impossible stay where you are despite all your efforts to find a job etc, and why the move will improve your economic outlook.
  4. #4
    jjzs is offline Junior Member
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    Clarification

    to clarify:

    1. I have sole legal and physical custody awarded to me via a restraining order.

    2. I have had sole physical custody & joint legal since my child's birth.

    3. I have been her sole care provider, schools, doctor appointments, play dates, after school programs etc.

    4. She has never spent more than 3 days at a time with him.

    5. Visitations have e.o.weekend since the RO.
  5. #5
    Silverplum is offline Senior Member
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    Quote Originally Posted by jjzs View Post
    to clarify:

    1. I have sole legal and physical custody awarded to me via a restraining order.

    2. I have had sole physical custody & joint legal since my child's birth.

    3. I have been her sole care provider, schools, doctor appointments, play dates, after school programs etc.

    4. She has never spent more than 3 days at a time with him.

    5. Visitations have e.o.weekend since the RO.
    None of that changes the facts that he is her father, and he has a visitation schedule that YOU are obligated to meet.
  6. #6
    jjzs is offline Junior Member
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    ...I am required to meet a visitation schedule, which is the reason I am going to court. I have SOLE legal and physical custody. I'm seeking to modify the visitation so that I can move out of state.
  7. #7
    Silverplum is offline Senior Member
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    Quote Originally Posted by jjzs View Post
    ...I am required to meet a visitation schedule, which is the reason I am going to court. I have SOLE legal and physical custody. I'm seeking to modify the visitation so that I can move out of state.
    Feel free to tell everyone, once again, about your SOLE custody.

  8. #8
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by jjzs View Post
    ...I am required to meet a visitation schedule, which is the reason I am going to court. I have SOLE legal and physical custody. I'm seeking to modify the visitation so that I can move out of state.
    We understand that you have SOLE L & P custody. IF you are granted the move are you prepared to provide for ALL transportation costs??
  9. #9
    jjzs is offline Junior Member
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    Quote Originally Posted by Blue Meanie View Post
    We understand that you have SOLE L & P custody. IF you are granted the move are you prepared to provide for ALL transportation costs??

    I kept stating that because I don't need the courts permission to move with the current custody. It's the visitation that needs to be adjusted.

    I'm giving all the facts so that I can get some sound legal opinions.

    Who or what is OP?
  10. #10
    CourtClerk is offline Senior Member
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    Quote Originally Posted by jjzs View Post
    I kept stating that because I don't need the courts permission to move with the current custody.
    Who told you THAT?
  11. #11
    Isis1 is offline Senior Member
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    Quote Originally Posted by jjzs
    Thank you for your response. The other question I asked regarding a DV RO was because I already have one. In it the judge stated that it is the courts decision that he is involving our daughter and the ruling was to protect her from witnessing abuse or being caught in the middle.

    Since then he has been telling her maligning things about me, involving her in the RO decision (he blamed her) and telling her that I'm trying to hurt him by movinge...etc. It is consistent and abusive.

    It is my goal to shield our daughter from any and all unnecessary discussions regarding a court matter and to have him stop bashing me to her. His manipulative behavior is aimed at alienating me. It is having a negative affect on her. The existing RO states that it's purpose is to protect her from that. After all, a child should be a child. She shouldn't get caught in the middle.

    I just want him to stop. He is hurting her. I know it won't necessarily help my move order.

    here's what i don't think you are quite understanding. i'm only trying to help you understand.the restraining order is to protect YOU. dad is still a fit dad. if he wasn't, he would be reduced to supervised visits. and MUCH more harsher charges.

    you cannot shield your daughter from everything in life. unfortunately, proving dad talking bad about you to daughter is almost impossible. unless he admits it. help your daughter deal with it. therapy is a good start. make your relationship with child so strong, nothing can sway her. and encourage her to love her father so the things he says, doesn't affect her for the rest of her life.
  12. #12
    jjzs is offline Junior Member
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    Quote Originally Posted by CourtClerk View Post
    Who told you THAT?
    The court told me that and it states it in CA Fam Law.
  13. #13
    MichaCA is offline Senior Member
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    My best understanding is while sole legal custody grants you the authority to make educational and medical decisions for the daughter, it does not give you the power to trump dads' visitation time.

    IF you move away, the courts will want to see a long distance visitation plan that makes up for all the EOW's dad and daughter would miss out on. With sole legal custody, you DO still need to get the courts permission. First you ask dads', permission. If he says no, then you ask the courts permission. And your BEST shot is 50/50.

    The moveaway proposal will have to convince the courts that the change in lifestyle for the child in the new state outweighs the regular contact with the father. Thats a difficult one to prove. And you are not moving because of an excellent job, you are wanting to move because of some basic support factors (which I understand), meaning I assume your sister would be helping you in some way financially while you go to school, like providing regular childcare, or giving you very cheap or free rent. (?)

    However, just as an example, 15 minutes away from me is one of the best nursing schools in the state and its a junior college, cheap. There is also free childcare provided for low income moms' returning to school (even though most of the classes can be taken during the school day - I checked it out for myself this past year).

    Keep in mind that when you are ordered to pay most if not all of the transportation costs for daughter to visit dad (and thats a hands down consequence), moving out of state may not prove to be the best financial option in the end. Daughter would probably be with dad most of the summer, and a majority of the bigger school breaks.

    I'm not opposed to what you are suggesting...thats just the reality of the situation.

    Micha
  14. #14
    proud_parent is offline Senior Member
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    Quote Originally Posted by jjzs View Post
    ...I don't need the courts permission to move with the current custody. It's the visitation that needs to be adjusted.
    Quote Originally Posted by jjzs View Post
    The court told me that and it states it in CA Fam Law.
    Not quite. Here's what Cal. Fam. Code does state:

    California Family Code Section 7501
    (a) A parent entitled to the custody of a child has a right
    to change the residence of the child, subject to the power of the
    court to restrain a removal that would prejudice the rights or
    welfare of the child
    .
    The CA Supreme Court affirmed in Brown v. Yana that this section applies even to parents with sole legal and sole physical custody:
    Notably, the statute contains no qualifying language purporting to limit its application to parents with only certain custodial rights. Thus, while sections 3006 and 3007 recognize the general right of a parent with sole custody to supervise and make decisions regarding a child’s residence and education, section 7501, fairly read, contemplates that even a parent with sole legal and sole physical custody may be restrained from changing a child’s residence, if a court determines the change would be detrimental to the child’s rights or welfare.
    [url=http://caselaw.lp.findlaw.com/data2/californiastatecases/s131030.pdf]FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code[/url]


    Therefore, if Dad files to restrain you from moving the child out of state, you may indeed find yourself arguing your case for relocation in court -- although the burden of proof would be on Dad to show why the move should not be allowed.
  15. #15
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by jjzs View Post
    I kept stating that because I don't need the courts permission to move with the current custody. It's the visitation that needs to be adjusted.

    I'm giving all the facts so that I can get some sound legal opinions.

    Who or what is OP?
    OP=YOU

    Dad can file a RO to prevent the move until a court hearing.

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