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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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If my Ex-Husband is moving out of state, do I have to let my

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If my Ex-Husband is moving out of state, do I have to let my 5yr old daughter travel out of state for visitation, or can i request that he comes to California for visitation since he chose to move away?
Submitted: 5 years ago.
Category: Family Law
Expert:  socrateaser replied 5 years ago.

You can request whatever you want. However, if the other parent is willing to provide transportation and security for the child, then there is no reason why the court would unreasonably restrict visitation to the local area.

 

Of course the court would want to be assured that the child would be safe in transit, and 5 years old is too young to be traveling by air alone. So, as a practical matter, it may be cost prohibitive for the other parent to come to your location, pick up the child and transport her back to the other parent's residence.

 

Note: generally, the court will make the moving parent bear the additional cost of transportation -- which is why practical financial issues may make your concerns someone moot.

 

That said, until you ask the court to modify the existing orders, they must be followed. So, if the orders do not work for a long-distance visitation, then you or the other parent must ask the court to modify the orders to accommodate the new circumstances.

 

Hope this helps.

 

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Customer: replied 5 years ago.
I know that you said "Local area" in your answer, but I am talking about him moving from California to Virginia..I have never been on a plane, and do not feel comfortable sending my child on one either, or let alone having her that far away from me...I can see that he will request her for summer, or Holiday breaks now, and it is not okay with me for her to be gone that long. Would that be unreasonable to ask in court? I am considering looking into a lawyer to represent me in court?
Expert:  socrateaser replied 5 years ago.

Plane travel is statistically safer than travel by car. A plane ride to Virginia is less dangerous than a plane ride from Los Angeles to Catalina Island. The court will not allow you to impute your fear of flying onto your child.

 

The child has two parents, which is why the court gets to decide when parents can't agree on the child's best interests.

 

That said, the child is probably too young, right now, to travel by plane without adult supervision. So, if the other parent isn't prepared to come get the child, the court will probably not permit the child to fly for several years.

 

However, at some point, the court will allow the child to travel over your objection, unless your objection is based on something more than an objection to flying or distance.

 

As far as the length of visitation, that's an entirely different matter. The court will not likely allow the other parent to take the child for an entire summer, unless he has been exercising custody/visitation routinely every week, because to do so creates too much of a socialization trauma for the child.

 

So, here you have a valid objection.

Customer: replied 5 years ago.

Thank you, XXXXX XXXXX sense, even though I still dont agree with her going..

One last question for you, If he says that he is moving in 2 months, should I go and file for a modification in visitation orders right now?

Expert:  socrateaser replied 5 years ago.

I can't tell you what you "should" do. However, tactically, if you wait until after he leaves, he may not have the financial resources to come back to California to fight about visitation -- which would give you an edge. You can always file at the time that your ex starts demanding visitation.

 

 

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33543
Experience: Retired (mostly)
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