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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Unhappy California Out Of State Custody Orders

    My question involves a child custody case from the State of: California,
    My daughters mom wants to get married and move to alabama. She claims she wants to quite her job, get married to her new boyfriend and move to Alabama. She said she can give out 3 yr old daughter a better family life there because staying here and being a working single mom she doesn't have time to spend with her after work and she gets frustrated with her when she doesn't listen to her. We were never married and I currently have everyother weekend and one mid day a week visitation. Current and have always paid child support. I have a very good relationship/ bond with daughter as well as so does the rest of my family wither her (grandparents, aunts, cousins). In california what is the likely possibility that a judge would grant a move out of state order and allow the mom to remove child away from her biological father and brothers and sisters, so she can get married and be able to quite her job and be a stay at home mom. There is no negelect, or abuse involved in this case. The mom just wants to stop working and get married to stay at home and raise my daughter with her new husband, that may I say she met over the internet and hasn't seen him in person yet. Any good info or related case advise would be greatly appriciated. I read about some new supreme court ruling in california that gives the custodial parent a better chance to move out of state as long as the sole purpose was not for the reason of depriving the dad from child/ father contact?

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: California Out Of State Custody Orders

    Has mom already filed with the court asking permission to move? If not I suggest you block her move and file first, requiring that she stay.

    (I am going to assume that the custody agreement you have now is court ordered yet does not have a provision either way about mom or dad moving out of state.)

    Getting married and quitting work to stay at home with the kids is one thing - doing it with someone you have never met in person is quite something else. Not only does mom not "know" him - your daughter does not either and I think most judges & psychologists would agree that such a drastic change should be eased into slowly - for your daughter's best mental health.

  3. #3
    Join Date
    Apr 2008
    Posts
    3

    Default Re: California Out Of State Custody Orders

    Mom has not yet filed for order. we do have in our current custody order that neither parent can remove the child from the state without other parents permission or court order, unless its a short vacation. So there is already a court order in place preventing her from moving out of state without prior court or other parent permission. I just found out about this 2 days ago and she doesn't plan to attempt to move out of state until she meets her " future husband " in person at the end of may.... She said i was bein selfish for not agreeing with her to move out of state so she can have a regualr mom and dad at home and allow her to stay at home and raise her. I asked her in 2 years when she is in school full time the whole purpose of her wanting to be a stay at home mom will be out the door becuase then she is in school the same hours she would have been at work and at home with her after that.

  4. #4

    Default Re: California Out Of State Custody Orders

    I don't see how a judge could or would consider such a request. Apparently "mom" is putting her own personal needs ahead of her child. Maybe you can work it out with mom to switch custody over to you, then she can run-off with whomever she pleases.

    If push comes to shove and she remains hell-bent on running away with some internet stranger, then I would just forgo the mediation and file for immediate sole custody.

  5. #5
    Join Date
    Apr 2008
    Posts
    3

    Default Re: California Out Of State Custody Orders

    I intend to do all that I can legally to keep my daughter locally. I do feel this type of move would be emotionally damaging not to mention the unknown issues that they may face in another state. I will be retaining an attorney if she wants to move away and will not give me sole custody.... I would even take sole custody and not ask for child support because the money doesn't mean a thing to mean, it's all about my daughter......

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