Joint custody

[nat23]

What is the name of your state? CA


I need some advise. In the begining of the year I will move to Texas with my child . My ex and I have joint custody through court. I just learnsed that I filed for a temporary order not a Permanent order. What would be the best thing for me to do, go back to court and modified the order or have something in writing from my ex allowing me to take my child away?

I did discuss this with my ex and he is not to happy with my decision.I'm scared that he might change his mind and make things difficult for me. If I do go to court wich form do I need to file or what do I need to do?

 

[tigger22472]

I could be wrong but I believe that California requires that you get court permission before moving anyways.

When was the order written?

Be prepared to prove why this move is in the best interest of the child.

Either way this needs to go to court to settle visitation because if you move and dad misses a visitation all he has to do is file for contempt against you and then you are in a huge mess. You are the one wanting to move so the burden lands on you.

 

[betterthanher]

Thank you, I think I should go back to court and get permision, I'm not sure what form to get, when I went to court this pass monday the clerks werent able to help me they told me I needed to know the name of the form since they cant give legal advice. My ex agreed for me to leave, but I think is best to cover my behind....

They are correct...the clerks are not allowed to dispense legal advice. That is not their job.

If your ex is agreeing to you moving the child (by the way it is not "your" child ). You need to follow proper legal procedure. If you don't know it, either start doing some research to educate yourself or retain a lawyer who will do it properly. If you have joint custody, then you both need to agree to a long-distance parenting plan that addresses visitation, etc.

Also, since YOU are creating the distance, YOU will be expected to cover all additional travel expenses (plane tickets, etc). He should not be expected to cover this since you are the one moving.

If you fail to address any of this, you could find yourself in contempt because you moving will still mean the current visitation sked would be in effect -- and you could find yourself coming back to CA to address any complaints against you.