It will depend on a few factors....why are you looking to move? The judge will take into consideration the reason for the move. You should also be prepared to offer an alternative visitation schedule that is reasonable in allowing the father to see the kids. If you are moving just to get away, this will not look favorable for you when you go to court. The court looks at what is in the best interest of the child. In the ideal scenario, the child/children would have equal time with each parent. As long as there are no valid reasons for the child/children to be kept from the other parent, anything you do to make it difficult for them to spend time together, will not work well in your favor. You should get an attorney, or seek free legal aid. The courthouse has a help center.....they may be able to help you further. For something like this, with what you have going on with this, you really need someone that will guide you through step by step.
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When having joint custody can I move in state, four hours away?
I have joint cusody in California. The kids are with me mon. through fri. and the third weekend every month. The father currenltly lives an hour away and has the children three weekends a month. I want to move 4 hours away and wonder what process i have to take in order to take the kids with me? I'm sure the visitation would have to be changed and the father has been fighting hard for custody. The good thing I have had going for me is that the judge does not want the childs school to change. Is there a risk that he could win custody if I move?
Anytime you want to relocate out of state or in state if it is out of area,then the custodial parent has to get the consent of the father,and then file a motion with the court to have the orignal order modified,if the father will not agree to the relocation then the mother would have to file a motion with the court asking to relocate,the father then can counter suit asking the court for custody. The court then will look at the best interest of the child/children before making a ruling,the court looks at the age of the child/children,if their in school,and if the move would be harmfull to them,they consider the school,spots and other activities as well,and if it would put a hardship upon the other parent to get the children for his/her stipulated visitations. You can go online to relocatingwithminorchildreninCa.com
Remenber you must do it in writing or you may have problem in the future with ex or wife.go back to consoliation take the kids talk to the court .make good dicion for the kids.work for me.i have 3 big kid now.happy.
Usally when you have the consent of the non-custodial parent the state still requires both parents to file their agreement with the court, in some states if the parents agree and do not file a motion wih the court that agreement will not be binding by the court, again this depends on your state laws.
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