What is the name of your state? Today, 03:49 PM
jmom32
Junior Member
Join Date: Jun 2006
Posts: 1
Move away
What is the name of your state? California
I would like to move to Seattle with my 3 1/2 yr old son where I have family (2 sisters with kids close to my son's age). My reasons are primarily financial, family support, and my belief that the school system is better in Seattle. My son's father has 26% parenting time to my 74%. He has visitation on Tues and Thurs overnights and alternating Sat am through Mon am. With this frequency, how likely is it that a judge would see a move as detrimental to our son's relationship w/his father? I want to support the relationship, but hope that more continuous time on alternating weekends, summer, etc. could be considered. (Dad would fight me on this...he wants the frequency. I find it disruptive to our son's routine in that he spends the night in a different house almost every other day). I am willing to provide the transport and realize that would probably be part of the deal. So, my questions are;
How much is a change in frequency of visitation taken into consideration regarding the effect on the relationship w/the NCP?
Does the fact that there was a history of domestic violence (3 yrs ago) and substance abuse (dad is court ordered to not drink 12 hours prior or anytime during visits--with questionable compliance) help to prevent the possibility of a custody reversal?
I've heard that can happen.
I'm not making it here financially. Dad contributes very little as he (falsely) claims to make less than minimum wage. Is financial incentive a valid motivation for my move?
Thank you for considering my questions.
jmom32
CALIFORNIA CODES
FAMILY.CODE
SECTION 3040-3048
3040. (a) Custody should be granted in the following order of
preference according to the best interest of the child as provided in
Sections 3011 and 3020:
(1) To both parents jointly pursuant to Chapter 4 (commencing with
Section 3080) or to either parent. In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Section 3011 and 3020, and shall not prefer a parent as custodian
because of that parent's sex. The court, in its discretion, may
require the parents to submit to the court a plan for the
implementation of the custody order.
jmom32
Junior Member
Join Date: Jun 2006
Posts: 1
Move away
What is the name of your state? California
I would like to move to Seattle with my 3 1/2 yr old son where I have family (2 sisters with kids close to my son's age). My reasons are primarily financial, family support, and my belief that the school system is better in Seattle. My son's father has 26% parenting time to my 74%. He has visitation on Tues and Thurs overnights and alternating Sat am through Mon am. With this frequency, how likely is it that a judge would see a move as detrimental to our son's relationship w/his father? I want to support the relationship, but hope that more continuous time on alternating weekends, summer, etc. could be considered. (Dad would fight me on this...he wants the frequency. I find it disruptive to our son's routine in that he spends the night in a different house almost every other day). I am willing to provide the transport and realize that would probably be part of the deal. So, my questions are;
How much is a change in frequency of visitation taken into consideration regarding the effect on the relationship w/the NCP?
Does the fact that there was a history of domestic violence (3 yrs ago) and substance abuse (dad is court ordered to not drink 12 hours prior or anytime during visits--with questionable compliance) help to prevent the possibility of a custody reversal?
I've heard that can happen.
I'm not making it here financially. Dad contributes very little as he (falsely) claims to make less than minimum wage. Is financial incentive a valid motivation for my move?
Thank you for considering my questions.
jmom32
CALIFORNIA CODES
FAMILY.CODE
SECTION 3040-3048
3040. (a) Custody should be granted in the following order of
preference according to the best interest of the child as provided in
Sections 3011 and 3020:
(1) To both parents jointly pursuant to Chapter 4 (commencing with
Section 3080) or to either parent. In making an order granting
custody to either parent, the court shall consider, among other
factors, which parent is more likely to allow the child frequent and
continuing contact with the noncustodial parent, consistent with
Section 3011 and 3020, and shall not prefer a parent as custodian
because of that parent's sex. The court, in its discretion, may
require the parents to submit to the court a plan for the
implementation of the custody order.