Child Custody - Move Away Cases in California?

Question

I'm moving out of state and am seeking custody of my 8 year old daughter. I understand move-away cases are difficult, but could anyone give me any pointers on which subjects to touch on when I go into court to request full custody and permission to relocate with my child?

I have people telling me that California is a "pro-mother" state but I also have people telling me that the courts are not going to let me take her. One of my biggest arguments will be that the father lives in a one bedroom apartment with my 12 year old stepson and all three of them sleep in the same room when it's her week to be with him, however, I have a three bedroom and she and my 14 year old daughter will have their own rooms.

Does the fact that she's a girl play any part in a judges ruling?

Answer 1

In a relocation matter the primary custodial parent is free to move, unless the OTHER parent can show that as a result of the relocation, the children will suffer detirment rendering it essential or expendient for the welfare of the children that there be a change in the child custody to the non-moving party. (In re Marriage of Gurgess 51 Cal Rptr 444.

California Family Code Section 7501 states that A parent entitled to the custody of a child has a right to change the residence of the child, subject to the paower of the court to restrain a removal that would prejudice the rights or wefare of the child. In January of 2004 the following additional language was added "It is the intent of the legislature to affirm the decision in Marriage of Burgess.

There MUST be a showing that the move will be or has been detrimental to the child. Marriage of Ciganovich 132 Cal Rptr 261.

In the recent case of Marriage of LaMusga 12 Cal Rptr 3d 356 "THE CALIFORNIA SUPREME COURT REAFFIMRED THE RULE THAT THE NON-CUSTODIAL PARENT BEARS THE INITIAL BURDEN OF SHOWING THAT THE PROPOSED RELOCATION OF THE CHILDREN'S REIDENCE WOULD CAUSE DTRIMENT TO THE CHILD, REQUIRING A RE-EVALUATION OF THE CHILD'S CUSTODY.

Marriage of Edlund 78 Cal Rptr 672 held that 'THE SHOWING OF CHANGED CIRMCUMSTANCES REQUIRED MORE THAT THE FACT OF THE PROPOSED MOVE ITSELF. THE NON-CUSTODIAL PARENT BEARS THE BURDEN OF SHOING THAT THE MOVE WILL CAUSE DETIRMENT..."

You do not have show why the move is in the best interest of the child...HE must show why it is detrimental and the mere fact of the move is not enough.

There's the law. Good Luck

Answer 2

The biggest thing here is this may be hard but not impossible. Your daughter being a girl has absolutely nothing to do with anything. The Judge will rule with whats best in the kids interest here. You do not want to put down their father in court but rather build on your case why the move would be good for the kids instead, otherwise you would look like nothing more than a revengeful mother taking this out against theirfather and that definitely never works in court. You will need either/or the fathers or the courts permission to move the kids out of state. You will also need to present a new plan for satisfying dads visitation rights for the Judge. You need to cover all bases before going into court so you look like youve done alot of homework to do this. You dont want alot of "I dont knows" in court. It probably wont be the easiest thing youve done but not impossible and well worth the effort. Hope this helps and good luck

Answer 3

Yes you can move into another county and still have custody of your child. In the child custody papers, it should say the place and time that you have to pick up your child and drop off your child when it is your time to have the child. You also need to notify the court of you moving to another county or notify your attorney where you will be moving to. It could be any reason why you are moving, like support that is closer by going through the hard times like a good friend or family, or your job or cost of living of finding apartment that you can afford. But you need to notify the courts of what your plans are and they might re right the custody directions of picking up and dropping of the child. This is also important specially if you are receiving Child Support or Alimony, because he will make up excuses that he had sent you the money but it went to the wrong address but that will not happen if you notify the courts. I just went through a divorce just this last 2003 and it took 3 years to go through the system in Calif, and I was married for 23 years with 2 boys at the ages of 13 and 17 years of age.

Answer 4

Yes, her age and the living arrangements at the father's house are a consideration to be argued before the court - don't come off as a "mean" mom trying to sever rights, explain that you are concerned about her wellfare and feel she may be "at risk to harm" under the circumstances with 12 year old stepson and lack of privacy.

About the moving, my state has a similar law regarding moving - the only way here to get around it is to 1) provide a workable solution to ensure that the child / children are still provided visitation/ equitable parenting (depending on joint vs. sole) even though you are moving out of state.. ie. will you drive the kids weekly to visit dad? call every other night? put them on a train? etc.. 2) How will the quality of life for the children be clearly better and more secure in the other state. 3) What about moving will make you a better parent to the child / children? i.e. job waiting, home, support system, etc.. 4) Why is it that the above "pros" to moving aren't available in CA? and so on..

Even then, the court can say no, but if you have your attorney working on it, there is a possibility. Judges can't grant what you don't ask for. Kick your atty in the butt and get him working for you... he has to ask and provide sound arguement in order for it to possibly be granted.

Best of Luck,

Wildflower

Answer 5

OK this is what the courts are looking for, WHAT IS THE CHANGE IN CIRCUMSTANCES FOR THE MOVE you have to be able to prove that you have a better paying job and a better job opportunity that is causing you to move, that is the only way the judge will let you go, it;s to better you and the children. That unfortunately is the only way he or she will let you go, been there and my reasons were, family and mental support, 175 miles away and turned down so I had to live here for their father. Talk about bull sh-- now he just moved after 10yr to fl and I live in NY go figure. The court system sucks and they are getting worse, FYI always check you child support payments, the support unit screws that up big time, meaning they steal your money if your not watching. Good luck

Answer 6

Your husband's living arrangments are not going to get a court to allow you to take your daughter out of state. All he has to show is that, where he lives is all that he can afford and knowing the cost of living in California (I live here too), that isn't all that difficult to prove. When I first came back here with my daughter we lived in a studio apartment.