Ex-Wife Wants to Move Our Child Out of State

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

My ex wife and I grew up in Southern California and moved out of state a little over seven years ago. We had a child in 2009 and got divorced in 2011. She had a job offer in California in the beginning of 2013 and relocated back to Southern California, which I had granted permission for because all of our family lives in Southern California. It took me another five months after they left to sell my property and save up the money to move back to Southern California. I have now been here a few months and she just got laid off and she wants to relocate back out of state due to her boyfriend being from there and she can get her old job back. I would really like for us all to stay in Southern California because this is where all of our family is and I believe this is the best place for him. What are the chances that the court will allow her to move back out of state if I contest it?

The odds are heavily in her favor; CA has the presumption in favor of relocation and the NCP must convince the court why the move shouldn't be allowed. It also doesn't help that you previously didn't object to her relocating your mutual child.

If you're to stand any chance, you need an attorney at your side.

Thank you for your response. I thought California promotes a public policy of frequent and continuing contact. She is trying to move 2000 miles away where this is no family so I would only see him 2 to 3 times a year. I did not contest her moving here because it was a beneficial move with his interests in mind and moving back is just for her to be in her boyfriends hometown. My son would be leaving all his family behind including his cousins who he is very close to. I also just found out she is working from home for the job out of state, which she uses as an excuse to move.

That doesn't change anything. Again, in California the presumption is in favor of the parent relocating with the child; it trusts that the CP is moving with the best interests of the child.

She really doesn't need much of a reason - it's not her job to prove her case, rather it's up to you to convince the court that the move shouldn't go ahead.

Legally, his cousins don't matter at all. You and Mom are really the only family members the court cares about. Unfortunately I do believe that since you allowed her to relocate out of state before, you'll have a hard time trying to stop her from relocating again.