How can I keep custody of my child if I had to move out of state for work? 5 Answers as of September 16, 2011
My ex and I have 50-50 joint custody of our four year old daughter. There is no child support paid to either parent. I have repeatedly tried searching for jobs in my field of IT in California and have not been able to find work in California. I found a job in another state. I send my ex $100 a week for our daughter(even though I don't have to) I do it because I can't be there all the time. I pay for my exes car insurance to make sure she has it (she is on a commission job), I also pay for my daughter's health insurance and have paid 100% of all medical bills outside of the insurance (which she is supposed to pay 50%). I am also paying 100% or our daughter's Pre-school, (which she is supposed to pay 50% of), I have been pleading with my ex to let my daughter come and stay with me for a month or longer, so she can have equal time with both parents and she refuses to let her come and stay with me for longer than two weeks. I feel I have the right to my daughter spending the same amount of time with me as before, even though I have had to take another job out of state to support my daughter. What can I do?Free Case Evaluation by a Local Lawyer!
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Law Offices of Paul A. Eads | Paul A. Eads
Well... If you cannot resolve the issue directly with your wife, you can file an OSC with the court and request visitation.
Answer Applies to: California
Replied: 9/16/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
The courts will look at the age of the child prior to making orders for extended visitation. Since there is a change of circumstances, you are no longer in a position where 50/50 custody works. Many courts will make orders that you may come to California to visit with the child two weekends per month, and have extended time on holidays and school vacations. At age four, many judges will not award visitation for a consecutive month, but will break it up into several two week periods. It sounds like you need to get into court to file for a modification in custody and to get consistent parenting plan.
Answer Applies to: California
Replied: 9/15/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Retain an experienced Family Law Attorney to file an Order to Show Cause to modify Child Custody on your behalf. Things will become more difficult as your daughter approaches Kindergarten age, because she will then need to have a stable living situation and attend a single school. Perhaps by then you will have a better chance of getting her primary custody if you act now to seek a custody order allowing her to spend substantial time with you.
Answer Applies to: California
Replied: 9/15/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
The timeshare with your daughter is designed to meet the best interests and needs of the child, not the parent. Your living arrangements and geographical proximities have radically changed requiring a redesign of the parenting plan. You should file a motion with the family court to address the need for a new plan.
Answer Applies to: California
Replied: 9/15/2011
Jones & Williams | Elizabeth Jones
Take mom back to court and make your case. She will obey a Court order.
Answer Applies to: California
Replied: 9/15/2011
