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Moving While Sharing Custody

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  • 11-26-2013, 04:08 PM
    Katy Allen Manning
    Moving While Sharing Custody
    My question involves a child custody case from the State of: California
    I currently live in Ca and have 50/50 custody of my 7 year old daughter with my ex husband. I want to move to Oregon in a few months to better my life. I cannot find a job here, not to mention, this area is getting really bad. My ex says I cannot move and take her out of the state at all. not even for visiting. He said if I go,I just give up my rights to her. I know this is not true. What do I do? Where do I start? I want to move, but won't just leave her without reasonable visits for both of us. Any advice please?
  • 11-26-2013, 04:25 PM
    Dogmatique
    Re: Moving While Sharing Custody
    You'll need to go to court to request permission to relocate the child.

    If you have a true 50/50 timeshare though, you may be facing the choice of moving without her, or staying put.

    While California does favor the relocating parent as a rule, the 50/50 timeshare is going to be an issue.

    What kind of visitation are you willing to offer Dad?
  • 11-27-2013, 03:27 AM
    llworking
    Re: Moving While Sharing Custody
    Quote:

    Quoting Katy Allen Manning
    View Post
    My question involves a child custody case from the State of: California
    I currently live in Ca and have 50/50 custody of my 7 year old daughter with my ex husband. I want to move to Oregon in a few months to better my life. I cannot find a job here, not to mention, this area is getting really bad. My ex says I cannot move and take her out of the state at all. not even for visiting. He said if I go,I just give up my rights to her. I know this is not true. What do I do? Where do I start? I want to move, but won't just leave her without reasonable visits for both of us. Any advice please?

    To add to what the other poster said, your ex is completely lying to you that you cannot take her out of state for visiting, and that you would give up all your rights to her if you move out of state.

    You might not win the right to relocate her out of state, but you would receive at least a long distance visitation schedule that would be at least 1/2 of all of her major school breaks and summer. However, you would likely be responsible for all of the costs of transportation for visitation, so calculate that into your budgeting plans. That goes whether you win permission to relocate with her or whether she will be remaining and visiting you.
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