How can a move away order be expedited? 1 Answers as of November 07, 2017

My ex and I have a custody agreement/judgement. We have 50/50 physical with me being the primary with about 72% custody and him with 28%. We live close enough for him to attend events, meetings, appointments, help with homework etc. Although he doesn't do more than his court ordered time unless I tell him to. He doesn't show up for school events or other things. I remarried and my family relocated to another state with the cost of living. I need to move near my support system. I had talked with my ex before and he said we could work something out. Now that the house I rent is being sold, and I gave him notice of our intention to move and asked to come to an agreement, he decided he doesn’t want to lose his son (11 years old) and wants to go to court. I can prove the move is better for our son, we have jobs available, housing available, family, etc. Court says the nearest date is mid-November. Is there any way to expedite this process? He is just doing this to make a fuss and get me to lose the job offers. We had been co-parenting well (or at least I thought) and I offered to give him most of our sons breaks, and holidays and pay for travel. What can I do? I have been the primary the entire time and our son has autism and gets anxiety when separated from me for too long. My ex doesn’t care about education and I am willing to give him the fun time so I can be sure our son has what he needs for his education. He thinks the court will force me to stay although I cannot afford it any longer and need to move.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The focus of the move away is going to be the child?s best interest. How does this help the child in being in this new environment? Are the schools better? Is there some other benefit that directly is best for the child. While the court understands the parents at times must move they must take into consideration the impact that this relocation is going to have on a child and the child?s relationship with the other parent. This is a very complicated area of law and you must take the time to meet with an experienced family law attorney in an office consultation to review your options.
Answer Applies to: California
Replied: 11/7/2017
Click to View More Answers: