Moving Out of State With Joint Custody

My question involves a child custody case from the State of: california
I have joint physical and legal custody of two (boys 10,12) of the three children from my ex. The third (girl 14) I have 85% and the judge said she has the option of going on visitation or not. Due to financial hardship and job prospects, my current husband and I are considering moving to the next state. Due to our lack of great communication I have not presented it to him and I know he will fight it due to loosing visitation with another child with someone else and one of the ones with me. He is not active in there life educationally or medically due to his lack of consistent job and moving in and out of girlfriends house for two or three days at a time. He also does not agree with one of our boys taking medication. I have it arranged for him to take it at school during the week but on the weekend my son tells me he doesn't get it over there.
My question is what is the visitation percentage needed so that moving could even be a prospect? How can I present this evidence to show that reducing his visitation is in the best interest of children for stability?

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Quoting emarie220

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My question involves a child custody case from the State of: california
I have joint physical and legal custody of two (boys 10,12) of the three children from my ex. The third (girl 14) I have 85% and the judge said she has the option of going on visitation or not. Due to financial hardship and job prospects, my current husband and I are considering moving to the next state. Due to our lack of great communication I have not presented it to him and I know he will fight it due to loosing visitation with another child with someone else and one of the ones with me. He is not active in there life educationally or medically due to his lack of consistent job and moving in and out of girlfriends house for two or three days at a time. He also does not agree with one of our boys taking medication. I have it arranged for him to take it at school during the week but on the weekend my son tells me he doesn't get it over there.
My question is what is the visitation percentage needed so that moving could even be a prospect? How can I present this evidence to show that reducing his visitation is in the best interest of children for stability?

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There is no percentage of visitation that creates a valid option to relocate. Relocation decisions are made based on the best interest of the child.

Its quite unusual that a judge ruled that your 14 year old daughter could decide whether or not to visit...that is extremely rare...obviously there is a backstory there. What is the actual timeshare with the two boys?

Two things.

1. LDiJ brings up a critical point.

2. California is currently relocation-friendly and the court assumes the custodial parent will make the right choice; in other words the burden of proof will be on Dad to file a response challenging the relocation with some darn good reasons why the relocation shouldn't be granted.

With that said, a teeny caveat: if Dad can show that the relocation severely restricts what he already has in terms of visitation, that can seriously be the one thing that shifts the burden to Mom.

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Quoting Dogmatique

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With that said, a teeny caveat: if Dad can show that the relocation severely restricts what he already has in terms of visitation, that can seriously be the one thing that shifts the burden to Mom.

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This would be a huge thing, wouldn't it? If dad has 50% physical custody, a move out of state would definately severely restrict that. Even all summer and all holidays is only 20-25%

EDITED: Just realized she said joint, not 50/50, i'm not sure what percentage California considers Joint Physical Custody. (The website says one parent can have a 'little more' time with the child)

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Quoting FatherKnowsBest

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This would be a huge thing, wouldn't it? If dad has 50% physical custody, a move out of state would definately severely restrict that. Even all summer and all holidays is only 20-25%

EDITED: Just realized she said joint, not 50/50, i'm not sure what percentage California considers Joint Physical Custody. (The website says one parent can have a 'little more' time with the child)

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In CA a parent can have joint physical custody with only an every other weekend, split holidays, shared summer timeshare...which is also true in a lot of other states as well. Joint physical custody in most states has nothing to do with the actual timeshare.

The actual timeshare however is often quite significant in CA, and other states, in determining whether or not a relocation is granted.

Yeap, agreed, Llworking.

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Quoting Dogmatique

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Yeap, agreed, LdiJ.

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You did it again...LOL.

It always makes me chuckle. My original reason for a different screen name here (and you have one as well) was due to the person who cannot be named who was harassing both forums.

Oh crap LOL - sorry I'll edit :D

LOL. Old age is a creep'n :wallbang:

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Quoting Dogmatique

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Oh crap LOL - sorry I'll edit :D

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In regards to my daughter it's all in the court order and it is that way because she spoke to the mediator and wrote a letter that was in my original petition to reduce visitation for all three. As far as custody for my boys it's joint and 50/50. We switch on Mondays, he has them a week then I have them. It was also agreed in order to keep one son at the school I work at, the boys are dropped off with me in the mornings on his week so that the one can ride to and from the school with me and the other walks from my house to school. My younger son goes to counseling and has been for ADHD behavioral therapy for a year, but he only goes when he is with me. Dad would not agree to medicine , but judge said in court order if he goes against doctor he will loose legal rights. So he doesn't go against except on weekends and my son tells me he didn't have his medicine.
So what kind of things is or would the judge be looking for me to show that the change in visitation and the move would be in my favor? Burden of proof, my word against his, will mediator speak to 10 and 12 year old?