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  1. #1
    Join Date
    Mar 2012
    Location
    Hollister Hills, CA
    Posts
    14

    Default 50/50 Custody, Can Parent Move 3 Hours Away with Child

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

    I'm posting for a friend.

    My friend and his then-girlfriend had a child together. They lived together at a relatives house as a happy family. The mom worked part time in retail. The dad for families business full time. Eventually she left him and he moved out. They maintained 50/50 custody. A few years later she married a military man and became pregnant. He is now stationed in California about 3-4 hours away. Now the mom claims shes the primary parent because they agreed the child would stay at home with her since she wasn't working rather than pay for the expensive daycare. He still see's his child the same days and times (50/50) but he still works full time and she doesn't work period. She decided that she was going to take their child and move in with her new husband and had no intentions of going to court nor get permission from the father. The father has filed papers and the judge told the mom she can't leave until they sort out custody. I'm curious if there are any legal standpoints that she might use, and the best defense against those standpoints? Neither parent has drug/criminal histories, father has been the full time provider for his child from birth, and while still with the mom, was her provider as well. He has always paid more than he had too in terms of child support, and never misses his time with his child. The mom has been spending more time with the child since she is no longer working, but thats only been the arrangement in the past 5 months. Prior to that the father paid for full time daycare, the mom was going through numerous jobs in the mean time. Now that the mother is married to a military man she is getting what she wants/needs from there, perks, if you will, not having to work. The father is the full time provider and always has been. He wants to do things legally and by the book, something she had no interest in doing until he filed with the courts. Currently living in a same area, the same area the child has been in since birth. Relatives are all here or near here. Child is not old enough for school yet, but the father wants the child to be here for school so the child can have friends. If the military step-father gets stationed elsewhere, and they move again, and again, and again, the standpoint the father is using is that is not in the best interest of the child, as it is not a stable living environment. Could the mom being pregnant be valid argument? She WILL be giving the newborn a lot of the attention.

    Any opinions/information/case law references would be greatly appreciated.

    Thank you, everyone.

  2. #2
    Join Date
    Jul 2012
    Location
    So Cal
    Posts
    854

    Default Re: 50/50 Custody, Can Parent Move 3 Hours Away with Child

    California is a very move away friendly state. If mom is married to someone in the military the court isn't going to tell her she has to stay put.

    Dad needs the advice of an attorney.

  3. #3
    Join Date
    Mar 2012
    Location
    Hollister Hills, CA
    Posts
    14

    Default Re: 50/50 Custody, Can Parent Move 3 Hours Away with Child

    Quote Quoting EA1070a
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    California is a very move away friendly state. If mom is married to someone in the military the court isn't going to tell her she has to stay put.

    Dad needs the advice of an attorney.
    He's currently planning on doing so, but figured I'd help him research in the mean time.

    It's crazy to me that they would allow it, when there is no basis other than she decided to marry someone else and she thinks she can do what she wants with her child. If there is no just-cause for the mother to take the child that far away other than she wants to live with her (NOW)husband, that is insane. That's like saying any parent can take any child anywhere they want and screw the other parent...

    It's not my friends fault that this is happening, hes been a great father and on top of child support from day 1. So he will be penalized because his ex is self-centered?

    Is it also commonplace that she would be responsible for paying for all the travel involved? Would the father be forced to make the 3-4 hour drive for his visitations? How would the child see other family members that the child has seen almost daily since birth?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: 50/50 Custody, Can Parent Move 3 Hours Away with Child

    It's not so crazy, really. People do sometimes have little choice and that's what we're looking at here; if California wasn't a pro-location state she'd still have a better-than-decent shot. Life happens.

    He can request that Mom cover all transportation though he has to be prepared for the child flying as UM if the drive is too much.

    The other family members really don't matter much. Stepdad matters a whole lot more in this situation and as EA explained, military moves are far more likely to be approved than not.

    He can look into long distance parenting plans, and consider Skype/phone visitation too.

    Ultimately though, I doubt Dad's going to prevail in trying to stop the relocation.

  5. #5
    Join Date
    Mar 2012
    Location
    Hollister Hills, CA
    Posts
    14

    Default Re: 50/50 Custody, Can Parent Move 3 Hours Away with Child

    Quote Quoting Dogmatique
    View Post
    It's not so crazy, really. People do sometimes have little choice and that's what we're looking at here; if California wasn't a pro-location state she'd still have a better-than-decent shot. Life happens.

    He can request that Mom cover all transportation though he has to be prepared for the child flying as UM if the drive is too much.

    The other family members really don't matter much. Stepdad matters a whole lot more in this situation and as EA explained, military moves are far more likely to be approved than not.

    He can look into long distance parenting plans, and consider Skype/phone visitation too.

    Ultimately though, I doubt Dad's going to prevail in trying to stop the relocation.
    So my friend is SOL and losing his child because the mom decided to marry a military man and live off of him instead of get a job of her own and support herself and her child like a regular person?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: 50/50 Custody, Can Parent Move 3 Hours Away with Child

    He's hardly "losing his child".

    Is there a reason for the melodrama, and why you're taking a dig at Mom? It doesn't become you.

    - - - Updated - - -

    I missed something.

    Did you seriously just ask if Mom being pregnant will help Dad?

    It won't. It actually gives Mom even more of a legitimate reason to relocate. The court just is not going to separate the two children. They'll both be going with Mom.

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