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Sole Legal Sole Physical Custody Move Away

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Ohiogal

Queen Bee
How does that disagree wholeheartedly?

I don't post case law unless I accidentally stumble across it because I do not have good access to case law and will NEVER post case law unless its either a very famous case, such as Troxel, or unless I can provide a link to it so that the posters can read it for themselves.

If case law cannot be read in its entirety, then it can be completely "off point".
Having sole custody does NOT give a CP the absolute right to move. You stated she did have the right because she had sole custody. That is not correct.
 


LdiJ

Senior Member
She answered it AFTER I asked the question. After she had already been told by LD that with sole custody she could move.

I do not believe it is like that this father will prevail either based on what she has stated. However I wanted to correct the idea that



Because per the California Supreme Court that is NOT true.
That case affirmed the CP's right to relocate with the children.
 

Ohiogal

Queen Bee
That case affirmed the CP's right to relocate with the children.
I did not say it didn't. What I stated was that the mere fact of the CP having SOLE CUSTODY did NOT give the CP an absolute right to relocate. Having sole custody does not give the CP the right to relocate. OKAY? That is what I am disagreeing with you upon. YOU stated that
Because you have sole legal and physical custody you did have the right to relocate with your children...
and that statement IS WRONG.

Op may very well be allowed to relocate but it will not be because she has the right to do so due to sole custody. It will be because the move is not detrimental to the children and does not interfere with the relationship of dad and the other items upon which relocation is allowed. NOT because she has sole custody.
 

divona2000

Senior Member
Op, if you are going for a hearing now, has there already been mediation and 'detrimental showing' ?

"The California Supreme Court holds that a parent who has sole legal and physical custody does not have the absolute right to move away, but the noncustodial parent is entitled to an evidentiary hearing only after unsuccessful mediation and showing of the move's detrimental effect on the child."

In re Marriage of Brown and Yana (2006) (No. S131030; California Supreme Court, February 2, 2006) case posted by OG.
 

Ohiogal

Queen Bee
Op, if you are going for a hearing now, has there already been mediation and 'detrimental showing' ?

"The California Supreme Court holds that a parent who has sole legal and physical custody does not have the absolute right to move away, but the noncustodial parent is entitled to an evidentiary hearing only after unsuccessful mediation and showing of the move's detrimental effect on the child."

In re Marriage of Brown and Yana (2006) (No. S131030; California Supreme Court, February 2, 2006) case posted by OG.
That is definitely something she should bring up to the court. However, does California allow for mediation between parties that have experienced DV? Ohio screens them. Does California? I don't know. DV/abuse may prohibit them from engaging in mediation. It would not prohibit dad from showing the move's detrimental effect on the trial.
 

dwashington01

Junior Member
No we did not have mediation and or detrimental showing. The judge but it to trial or long hearing and the judge stated that I have the burden to prove that the move does not affect the children in a negative way. What I did not mention in the beginning myself and the children were already living in New Jersey the courts made us move back to California because father stated that I had kidnapped the children. All that later on 9/3/09 was determined to be false and I was awarded sole legal and sole physical custody of my children. We had shared custody before but the boys stated that father was abusing them. I filed the paperwork for the move away, child support and for father ti pay my legal fees and now we have a new judge that wants to hear everything over again before he determines that it is ok for the children to leave the state. I was unable to find a job in California but I was able to get my job back in New Jersey and that why I am asking for relocation.

Op, if you are going for a hearing now, has there already been mediation and 'detrimental showing' ?

"The California Supreme Court holds that a parent who has sole legal and physical custody does not have the absolute right to move away, but the noncustodial parent is entitled to an evidentiary hearing only after unsuccessful mediation and showing of the move's detrimental effect on the child."

In re Marriage of Brown and Yana (2006) (No. S131030; California Supreme Court, February 2, 2006) case posted by OG.
 

Ohiogal

Queen Bee
No we did not have mediation and or detrimental showing. The judge but it to trial or long hearing and the judge stated that I have the burden to prove that the move does not affect the children in a negative way. What I did not mention in the beginning myself and the children were already living in New Jersey the courts made us move back to California because father stated that I had kidnapped the children. All that later on 9/3/09 was determined to be false and I was awarded sole legal and sole physical custody of my children. We had shared custody before but the boys stated that father was abusing them. I filed the paperwork for the move away, child support and for father ti pay my legal fees and now we have a new judge that wants to hear everything over again before he determines that it is ok for the children to leave the state. I was unable to find a job in California but I was able to get my job back in New Jersey and that why I am asking for relocation.
That makes more sense then. Because you were SHARED CUSTODIANS. What was the time split? Did you notify dad of the move the first time? Dad objected. What proof is there of the abuse? Is there a restraining order? HOw much visitation did dad have before SEPTEMBER, 2009? When did dad not see the boys? Was he seeing them up until you left to New Jersey?

ETA: When did the boys make the allegations of abuse? Before you moved to New Jersey or after you were there? When you came back the first time from New Jersey?
 
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dwashington01

Junior Member
The boys had stated the abuse before we left for New Jersey in 2006. The children were always with me primarily. They stopped seeing father due to the abuse in the summer of 2007. The abuse was documented by Child Protective services and through their therapists. Father was notified of move 90 days before we actually moved. Father always lies to the extreme no matter who it hurts. The little visitation that they had with father was thru the therapists because they don't trust him alone with the boys. One day a week was when his visitation but that was taken away from him in 1/09 due to him verbally abusing our youngest son in front of the therapist.

That makes more sense then. Because you were SHARED CUSTODIANS. What was the time split? Did you notify dad of the move the first time? Dad objected. What proof is there of the abuse? Is there a restraining order? HOw much visitation did dad have before SEPTEMBER, 2009? When did dad not see the boys? Was he seeing them up until you left to New Jersey?

ETA: When did the boys make the allegations of abuse? Before you moved to New Jersey or after you were there? When you came back the first time from New Jersey?
 

LdiJ

Senior Member
The boys had stated the abuse before we left for New Jersey in 2006. The children were always with me primarily. They stopped seeing father due to the abuse in the summer of 2007. The abuse was documented by Child Protective services and through their therapists. Father was notified of move 90 days before we actually moved. Father always lies to the extreme no matter who it hurts. The little visitation that they had with father was thru the therapists because they don't trust him alone with the boys. One day a week was when his visitation but that was taken away from him in 1/09 due to him verbally abusing our youngest son in front of the therapist.
Wow...dad couldn't even behave himself in front of the therapist? I hope you have that therapist testify.
 

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