How can we relocate from California with child custody? 5 Answers as of July 12, 2011

What would the first step be to try to relocate from California to Texas with children from a previous marriage? The mother has sole physical custody, but the visitation is close to 50% with the father. Also, what kind of chances would the mother have of being able to relocate with the kids? The father has a recent misdemeanor of child endangerment.

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Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
In cases of 50/50 custody relocating with the children is rare. The first step to any party relocating with a child(ren) is to file a move away order allowing them to leave the state. This is a very complicated process that could take a substantial amount of time. With regard to crimes, for example: If A and B have two children together (1 and 2) and B gets pulled over for drunk driving, A can go back to court and seek a modification of custody due to B's reckless conduct which could have harmed the children (1 and 2). If a brought such a motion it is highly likely that A would be successfully unless A has committed similar bad acts.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Xochitl Anita Quezada
Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
This is a complicated case. You need to speak with an attorney. The fact that she has sole legal custody puts her advantage. However, he has fifty-fifty visitation which allows him some leeway. Your son really needs to speak with an attorney.
Answer Applies to: California
Replied: 7/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Retain an experienced Family Law Attorney to file an OSC (Order to Show Cause) for a modification of child custody and for approval by the Court of the mother's move-away with the children. The father's misdemeanor conviction for child endangerment should help, especially if it was for endangering one or more of the children of the marriage.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
A complicated question that requires many more details. You are describing what we refer to as a child custody "move away" case. If the parents are really participating in a shared parenting plan like the one you described and the father objects to the move, then you may need a child custody evaluation to establish the best parenting plan as to where the children should live if the mother plans to move. I urge you to meet with a family law attorney skilled in child custody issues to determine the best legal strategy.
Answer Applies to: California
Replied: 7/12/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
What you are asking about is being able to obtain a "move away" order from the family law court. Many issues are involved in the court making that decision. The final test is whether the judge believes it is in the best interest of the children to relocate with you to Texas. Some important issues are why you are wanting to move? Do you have family support system in Texas? Are you moving for a better employment opportunity? What type of schools will be available for the children. How old are the children and what would they prefer, to stay or go? Also what kind of visitation can be established with the father if you are allowed to move with the children. A move way request is one that requires you to seek the legal advise of an experienced family law attorney like Wallin and Klarich so we can closely evaluate the likelihood that your request would be granted.
Answer Applies to: California
Replied: 7/12/2011
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