Moving to a Different County

[mrshiggins]

My question involves a child custody case from the State of: CA

In my husbands custody agreement, he cannot move the child out of the county where he lives unless either mom agrees to it, or the court says yes.

Mom and Dad live in neighboring counties, and Dad is looking at buying a house in the county where mom lives.

Does anyone see a problem with a judge ruling in favor of Dad, given that it's closer to mom and in the same county as mom (Given that mom will disagree)?

Dad now lives a mere 10 minutes away from county line. The move would be to buy a house (in a rural area, out of the city and in better schools for child).

Thanks!

[Dogmatique]

I'm sorry...I can't remember what kind of legal custody y'all have.

Does Dad have sole legal? Joint?

That's the only hiccup I can see - moving the child out of the current school district.

[mrshiggins]

I'm sorry...I can't remember what kind of legal custody y'all have.

Does Dad have sole legal? Joint?

That's the only hiccup I can see - moving the child out of the current school district.

Sorry it took so long. With the new board changes, I lost my password and then a busy week and weekend.
Anyways, my husband and the mother have joint custody... legal and physical.
But my husband is to decide all doctors, child care providers, schools and counselors. (which to me sounds like dad has sole legal, but it's not written as such; because aren't those the major things parents usually have to agree on with joint legal?)
She also has 1st, 3rd, and 5th weekend with half of summer and half of holidays.
Anyways, thanks Dog


I just saw this in the court order, maybe it makes a difference:
"Neither parent shall remove the child from the State of California, County of [Dad], County of [Mom], for the purpose of changing the child's residence without the written notarized consent of both parents or until further order of the court".

So does this mean that since we are moving into county of mom, that we don't need permission? And if so, when/if there is another modification or something similar, will either parent have to change the venue because it's in a different county now?


I also have another question: I have just looked through the court order and have come acrossed some conflicting statments. In one section it says "the primary custodial parent is to provide the other parent with information concerning the well-being of the child, including but not limited to: report cards; State standardized test results; order forms for school pictures; significant communications from medical or mental health care providers..."
But then a few paragraphs down it says: "each parent has the right and obligation to keep him or herself advised of information conerning the well-being of hte child, which shall include bu t not be limited to: report cards; State standardized test results; order form for school pictures; significant communication from medical or mental health care providers...."

Isn't that the same thing? I mean, my husband has always given her the heads up on everything, but since she is allowed and given phone numbers and addresses to all of that stuff, why should husband waste his time when she is able to get that info herself?

Another thing:
"The parents are to obey all Vehicle Code laws.....In the event a parent who is to exercise time with the child does not meet the Vehicle Code requirements, that time shall be forfeited."
So a few weekends ago, Mom didn't have her registration up to date. When dad dropped kid off, they did it at a different location, to where he didn't see her car (but since she had 3 kids he knows she picked child up in late regs car). When we picked up kid, he noticed the car registration was past due. If he would've caught it in the beginning, could he have witheld visitation for the whole weekend or just until she found another car to pick kid up in? The mom is to pick child up at meeting place at 3:30pm on Friday.... so could he have withheld entire weekend??

Thanks... sorry it's long...

[abarzee]

As in regards to the move, if mom agrees to it then there is no reason to go thru the courts for permission unless the court order specifically states they must go thru the courts AND thru each other. If it is closer to her, I dont see why Mom would disagree. Which county do the children go to school in?

I also have another question: I have just looked through the court order and have come acrossed some conflicting statments. In one section it says "the primary custodial parent is to provide the other parent with information concerning the well-being of the child, including but not limited to: report cards; State standardized test results; order forms for school pictures; significant communications from medical or mental health care providers..."
But then a few paragraphs down it says: "each parent has the right and obligation to keep him or herself advised of information conerning the well-being of hte child, which shall include bu t not be limited to: report cards; State standardized test results; order form for school pictures; significant communication from medical or mental health care providers...."

Isn't that the same thing? I mean, my husband has always given her the heads up on everything, but since she is allowed and given phone numbers and addresses to all of that stuff, why should husband waste his time when she is able to get that info herself?

Didnt you say they have joint legal & physical custody? If so, the part about the primary custodian having to notify the other parent of those things, doesnt apply.

[mrshiggins]

As in regards to the move, if mom agrees to it then there is no reason to go thru the courts for permission unless the court order specifically states they must go thru the courts AND thru each other. If it is closer to her, I dont see why Mom would disagree. Which county do the children go to school in?



Didnt you say they have joint legal & physical custody? If so, the part about the primary custodian having to notify the other parent of those things, doesnt apply.

1) I know if mom agrees there is no reason to go through the courts. I am asking in regards if mom disagrees, but I am now wondering because towards the end of the court order it says child can't be taken out of County of dad and County of mom without written permission in order to change the childs residence. So does this mean that dad doesn't have to ask permission because we are wanting to move to moms county.
As for why would mom dispute it: Because she can! Because she likes to make things difficult even though it won't change a damn thing for her. Just because plainly, she can! And during this, she will find a reason, whatever reason to make a sort of logical explanation (logical for her I guess).

2) That's my question.... if they have joint legal and physical, and there are two parts conflicting each other, what is dad to do? Only because, I know it's small things, but they can become a pain in the ass.... (making sure he mails things out in time... and sometimes school doesn't give enough time.... just a hassel).