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With my sons father and my own parents against the move what step do i need to follow and forms do I

Discussion in 'Other Family Law Matters' started by Stephanie, Aug 26, 2015.

  1. Stephanie

    Stephanie Law Topic Starter New Member

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    Jurisdiction:
    California
    current custody agreement- mom has sole physical custody ,joint legal custody of 8 yr old child its been that way since birth. father has 2nd and 4th weekends a month from friday at 4pm to sunday at 2 pm.as well as 2 weeks vacation a year.

    Mom has a current boyfriend been together a year and a half but has known current boyfriend for 15 years. Mom wants to relocate to Oregon to move in with current boyfriend but only if she can take her son with her. No family in Oregon , currently lives with her parents. Close network of friends with similar aged children. Great support network.Gresham provides a safer environment and better schools then Long Beach provides.I want my son to row up in a safe loving environment free of drama.

    With my sons father and my own parents against the move what step do i need to follow and forms do I need to file to be able to relocate withmy son ?

    Proposed visitation after relocation -
    1 month in summer ,1 week spring break alternate years,1 week winter break,3 days visitation for birthday alternate years .lower child support. set aside time for virtual visitation. I will pay for my son to travel back and for to California but i request that my sons father pay the unaccompanied minor fees which vary by airline . I want my son to maintain a relationship with his father but I have the right to live my life too. i haven't been with my sons father since October 2006 that is since i was 4 month pregnant . I want to start a life and be a family with my current boyfriend. and I can't do that here in California
     
  2. ElleMD

    ElleMD Well-Known Member

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    You will need to file with the court to modify the custody agreement. Whether the judge will agree based on a voluntary relocation to live with a boyfriend is uncertain. Your ex has a right to maintain a relationship with his child and that is going to be far more important to the court than your desire to "have a life". You are entitled to date anyone you wish but that does come with consequences when you have a minor child with shared visitation and legal custody.

    Your parents have no legal dog in this hunt, however, there is a lot to be said for having them close and taking your son away from them if he has been living with them his whole life. Just because it is "better" for you to move, does not mean it is better for him.
     
  3. txls

    txls Well-Known Member

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    You've asked this question before. You can go to court and ask, but don't be surprised if the answer is no. Your child's father has rights. Your proposal may seem reasonable to you but it won't appear as reasonable to your ex (or your son). You want to greatly reduce the amount of time they spend together as well introducing the time, the expense and the hassle of airline travel.
     

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