Leave State With Child

[uspswkr25]

I have joint legal and physical custody of my 2 year old son. I recently got a better job oppurtunity in Virginia. I would like to leave California with the baby but my ex opposes it. He wants the baby to stay with him. I also have immediate family back east (none where I am now) and my fiance also lives there. We went to mediation but still couldn't come to an agreement. I am willing to let the baby come to visit during the summer and every other major holiday and pay for transportation but my ex is still being stubborn. We have a court date with the judge in a few days. What are my chances of taking the baby with me?

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Kelly

 

[usdeeper]

If you are agreeing to all those things.. then you will find that most courts these days will allow you to move.. There are two main things when the CP moves, to increase visitation (fewer, but longer periods) and to pay for the travel for the NCP. You do have to be careful about the travel and ensure you set limits. Otherwise the NCP could decide to visit 20 times and seriously effect your finances.

I read an interesting piece once that said one day, a judge will deny an American the right to move freely around the US and that case will end up in the Supreme Court. Maybe that is why most cases I have read, the judge allows the move, but with conditions (ie visitation, cost of travel etc)