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Moving children out of state

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Taniaeve

Junior Member
What is the name of your state? California
I'm new to this forum and hoping to find some answers. I have a 12 yr old son who I have primary physical custody of. I share legal custoday with his father and he has visitation approx. 35% of the time. I'm interested in moving to another state for a couple of reasons. 1. To marry a man who's primary residencs is in that state. 2. Better quality of life, mostly economically.

The father will fight me on this move, that's a given and I understand that. I'm wondering if a court would give me permission to make this move and what reasons I would need to do it. I'm not trying to take my son away from his father intentionally.

I appreciate any advice, comments or suggestions.

Thank you!
 


I AM ALWAYS LIABLE

Senior Member
Taniaeve said:
What is the name of your state? California
I'm new to this forum and hoping to find some answers. I have a 12 yr old son who I have primary physical custody of. I share legal custoday with his father and he has visitation approx. 35% of the time. I'm interested in moving to another state for a couple of reasons. 1. To marry a man who's primary residencs is in that state. 2. Better quality of life, mostly economically.

The father will fight me on this move, that's a given and I understand that. I'm wondering if a court would give me permission to make this move and what reasons I would need to do it. I'm not trying to take my son away from his father intentionally.

I appreciate any advice, comments or suggestions.

Thank you!

My response:

You will be able to move. You will pay for all visitation transportion.

IAAL
 

BL

Senior Member
I'm not trying to take my son away from his father intentionally.
Intentionally ? What do you call it , when you Plan the move and take the Son with you ?

Plus the Words take " MY SON " away from his father .

Plus you want us to give you tips on how to go about it ?

You got a lot of nerve .

Tell your hubby to move to DAD's STATE .
 

Taniaeve

Junior Member
Blonde Lebinese said:
Intentionally ? What do you call it , when you Plan the move and take the Son with you ?

Plus the Words take " MY SON " away from his father .

Plus you want us to give you tips on how to go about it ?

You got a lot of nerve .

Tell your hubby to move to DAD's STATE .
I'm not asking for tips on doing anything underhanded or sneaky. I'm simply trying to gather information to make a decision about my child's life. I think that uprooting my child without taking everything into consideration would then warrant the "you've got a lot of nerve" comment.
 

Rushia

Senior Member
You must prove that it is in your SON'S best interest to move him, not yours. Being engaged to a man in another state isn't going to cut the mustard.
 

Taniaeve

Junior Member
I AM ALWAYS LIABLE said:
My response:

You will be able to move. You will pay for all visitation transportion.

IAAL
IAAL,
I assumed that I would have to pay for transportation, which is only fair. Do you happen to know how long the process takes to get an order granting me permission to move?

Thank you.
 

I AM ALWAYS LIABLE

Senior Member
Rushia said:
You must prove that it is in your SON'S best interest to move him, not yours. Being engaged to a man in another state isn't going to cut the mustard.

My response:

Rushia, and everyone else . . . read my lips, closely. The above statement is wrong. A noncustodial parent seeking a custody modification based on the custodial parent's contemplated move-away bears the initial burden of showing that the proposed relocation of the children would cause them detriment, requiring a reevaluation of their custody. If the noncustodial parent carries that threshold burden, the "court must perform the delicate and difficult task of determining whether a change in custody is in the best interests of the children." [Marriage of LaMusga, supra, 32 Cal.4th at 1078, 12 Cal.Rptr.3d at 359-360; see Marriage of Melville (2004) 122 Cal.App.4th 601, 611-612, 18 Cal.Rptr.3d 685, 692-693]

All other things being equal, the longer a physical custody arrangement has been in place, the more likely the court will not upset it . . . even if that means the children will be moving away from the other parent. [Marriage of LaMusga, supra, 32 Cal.4th at 1093, 12 Cal.Rptr.3d at 371 (reaffirming Burgess)

The length of time it takes to obtain an order allowing a move away depends on the issues involved - - could take a month, could take 6 months.

IAAL
 

mjpull

Member
I understand you are wanting to do the right thing for you, and supposedly your son, but, and this is personal to me, if the dad is really involved in your son's life like you say he is, at 35%, think about his feelings about the things he will be missing with your son. Sorry to respond with a "not so legal" of a response, but I am a very involved dad of 3 and it would kill me if mine moved out of state. You may need to read what your CO says about moving out of state. Mine specifies my ex cannot move out of county.
 

Rushia

Senior Member
Taniaeve said:
IAAL,
I assumed that I would have to pay for transportation, which is only fair. Do you happen to know how long the process takes to get an order granting me permission to move?

Thank you.
I'm either going to get yelled at for being wrong or spoiling IAAL's fun but....

I believe that he is trying to tell you that YOU can move wherever you please. The child cannot. If you chose to move, you can leave the child with his father. Either way, you will end up paying for transportation.
 

I AM ALWAYS LIABLE

Senior Member
Rushia said:
I'm either going to get yelled at for being wrong or spoiling IAAL's fun but....

I believe that he is trying to tell you that YOU can move wherever you please. The child cannot. If you chose to move, you can leave the child with his father. Either way, you will end up paying for transportation.

My response:

No, that's not what I'm saying at all. The move away is with the child. Why else? If it was just a matter of Mom moving away, there would be no need to fight the move away. It's all about child custody and visitation.

IAAL
 

Rushia

Senior Member
I AM ALWAYS LIABLE said:
My response:

Rushia, and everyone else . . . read my lips, closely. The above statement is wrong. A noncustodial parent seeking a custody modification based on the custodial parent's contemplated move-away bears the initial burden of showing that the proposed relocation of the children would cause them detriment, requiring a reevaluation of their custody. If the noncustodial parent carries that threshold burden, the "court must perform the delicate and difficult task of determining whether a change in custody is in the best interests of the children." [Marriage of LaMusga, supra, 32 Cal.4th at 1078, 12 Cal.Rptr.3d at 359-360; see Marriage of Melville (2004) 122 Cal.App.4th 601, 611-612, 18 Cal.Rptr.3d 685, 692-693]

All other things being equal, the longer a physical custody arrangement has been in place, the more likely the court will not upset it . . . even if that means the children will be moving away from the other parent. [Marriage of LaMusga, supra, 32 Cal.4th at 1093, 12 Cal.Rptr.3d at 371 (reaffirming Burgess)

The length of time it takes to obtain an order allowing a move away depends on the issues involved - - could take a month, could take 6 months.

IAAL

I was typing my last response when you did. 'K, I was wrong. But I believed that a CP had to prove it was in the best interest of the child to move them?
 

I AM ALWAYS LIABLE

Senior Member
Rushia said:
I was typing my last response when you did. 'K, I was wrong. But I believed that a CP had to prove it was in the best interest of the child to move them?

My response:

Are you asking me a question, or was that rhetorical? If the former, your question was answered, above, in my response.

IAAL
 

Taniaeve

Junior Member
mjpull said:
I understand you are wanting to do the right thing for you, and supposedly your son, but, and this is personal to me, if the dad is really involved in your son's life like you say he is, at 35%, think about his feelings about the things he will be missing with your son. Sorry to respond with a "not so legal" of a response, but I am a very involved dad of 3 and it would kill me if mine moved out of state. You may need to read what your CO says about moving out of state. Mine specifies my ex cannot move out of county.
Thank you for your input. I wish that my son's father was truly interested in him the way that you are with your kids.

My CO currently says that we cannot take the child out of the state. It doesn't specify a move.
 

Rushia

Senior Member
I AM ALWAYS LIABLE said:
My response:

Are you asking me a question, or was that rhetorical? If the former, your question was answered, above, in my response.

IAAL
No, it was a question. You just type faster than I do. I bow down to your superior intellect. ;) I stand corrected. Thank you.
 

I AM ALWAYS LIABLE

Senior Member
My response:

One final thought - - depending on all the issues, Taniaeve, and if you insist on moving away, there is a slight chance that you can lose custody. So, always keep that reality in the back of your mind.

IAAL
 

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