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Move Out of State
My question involves a child custody case from the State of: California
The original custody order is from out of state, several years ago, but California now has jurisdiction. Non-Custodial Parent moved away from the kids and out of state during the divorce, then moved from state to state before settling in California, near family. Custodial Parent left the state of the original custody order years after NCP did for job requirements a few times before moving to California as well. CP is now over 100 miles from NCP, so NCP has begun exercising regular visitation again; however, CP has been unable to find employment since arriving in CA over a year ago and wishes to resume his prior out-of-state employment, job offer in hand. NCP objects and is petitioning for a reversal of custody, but CP has worded in the original custody order permission to move "regardless of geographic location" since previous job required it. NCP is over $10k behind in court ordered child-support (never made a single payment), unemployed, remarried, and has had two additional children since. No history of child abuse, drugs, or neglect on either side, but NCP has had on-again off-again psychiatric issues is the past.
Could I actually lose custody? How likely is it I'll be forced to remain in the state? I love that the kids are seeing more of the other parent, but they need at least one parent working to support them. I've offered additional visitation around summer and winter to ease the one weekend-a-month that'll be lost, but NCP won't accept anything less than everything, even demanding child support. Mediation offered a reasonable solution that was rejected.
I understand the "best interests of the children" is paramount, and that my own opinion is inherently biased. Still, I think kids would be best served by my accepting this job, given the circumstances. If anyone disagrees, please let me know. If anyone has advice on how best to present my argument, I'm terrified of losing custody, so please help.
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Re: Move Out of State
If you decide to relocate the court can deny your request to relocate the children - that means you'll have a decision to make. Either relocate by yourself and hand over custody, or stay put.
Nobody here can really guess the likelihood of any particular outcome. But I'd advise you to speak with a local attorney who can guide you further - s/he will know how your local courts tend to rule (assuming CA actually has jurisdiction - simply living there doesn't make it so).
One thing is for sure - the NCP's lack of employment cannot, and will not, be held against them.