Non-Custodial Parent moving out of state

I am the custodial parent of a 4 year old little girl. Her father has visitation rights. He and his new wife aremoving out of state in a couple of months.(Simply because they want to) He has asked me to go to mediation in 2 weeks. His current visitation is every other weekend, 3 weeks over summer and we alternate all standard holidays. He is requesting joint physical custody.
My questions: do I have to go to mediation?
What are the chances of him actually getting any more visitiation that he already has if we end up in court?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Danielle:
[b]I am the custodial parent of a 4 year old little girl. Her father has visitation rights. He and his new wife aremoving out of state in a couple of months.(Simply because they want to) He has asked me to go to mediation in 2 weeks. His current visitation is every other weekend, 3 weeks over summer and we alternate all standard holidays. He is requesting joint physical custody.
My questions: do I have to go to mediation?
What are the chances of him actually getting any more visitiation that he already has if we end up in court?[/b]<HR></BLOCKQUOTE>


My response:

His chances are slim, and none. Physical custody, I believe, will remain the same. The only change that "may" occur is that visitation periods may be longer than the current amount. A noncustodial parent's relocation far enough away to preclude exercising existing visitation rights can be ground for a modification allowing for a different visitation schedule (e.g., longer, but less frequent, visitation periods). [Marriage of Burgess, supra, 13 Cal.4th at 40, 51 Cal.Rptr.2d at 455]

The total amount of visitation need not be increased. There is no rigid standard for postmove visitation rights; nor, therefore, is there any requirement that the noncustodial parent's total amount of visitation be increased after a move-away order. "The precise contours of the visitation schedule is still a matter for the trial court to determine in a sound exercise of its broad discretion." [Marriage of Edlund & Hales (1998) 66 Cal.App.4th 1454, 1474-1475, 78 Cal.Rptr.2d 671, 685 (internal quotes omitted)--no abuse of discretion in ordering longer visitation at less frequent intervals after move-away from Calif. to Indiana, especially given child's "tender age" (3) and logistical difficulties inherent in air travel for such a young child]

A good faith relocation, albeit a change of circumstance, will not itself warrant a custody modification. The noncustodial parent must demonstrate that, as a result of the move-away, the children "will suffer detriment rendering it essential or expedient" for their welfare that custody be changed. [Marriage of Burgess, supra, 13 Cal.4th at 38, 51 Cal.Rptr.2d at 453 (emphasis added); Marriage of Edlund & Hales, supra, 66 Cal.App.4th at 1469, 78 Cal.Rptr.2d at 681]

"The showing required is substantial . . . In a move away case, a change of custody is not justified simply because the custodial parent has chosen, for any sound good faith reason, to reside in a different location, but only if, as a result of relocation with that parent, the child will suffer detriment rendering it essential or expedient for the welfare of the child that there be a change." [Marriage of Burgess, supra, 13 Cal.4th at 38, 51 Cal.Rptr.2d at 453 (internal quotes and citation omitted)]

While at the mediation, remain absolutely firm and unmoveable. Make mention of the fact that you are fully aware that the best interests of the child is to keep in touch with his father, and because of that, you will discuss "visitation schedules." But "joint physical custody" is "off the table", non-negotiable, and has nothing whatever to do with "the best interests of the child.

It was his choice to move.

IAAL




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[This message has been edited by I AM ALWAYS LIABLE (edited July 10, 2000).]

I appreciate your response. He scheduled this mediation appointment on a date that is during my scheduled vacation. Do I have to attend? Once it is scheduled can it be changed?
Thanks!