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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I met a woman who shares custody 60/40 with the childs father

Resolved Question:

I met a woman who shares custody 60/40 with the child's father in California. If we married, could she relocate to Canada and have long distance shared custody of the child?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

That is a very good question. How old is the child? Do you know what her custodial decree states about moving and consent from the other party?
Customer: replied 5 years ago.
The child is 5 1/2. I believe the decree states that she must have consent from the father to move out of Marin County, California.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

In that situation, should you marry, your wife would have to file for a formal petition to the judge requesting that the judge override the lack of consent given by the other parent (if he does fail to agree), and possibly also file for a more natural modification of custody (for example, to change custody that the other parent would have the child for summer vacations and/or winter vacations and specific visitations as a means of not adversely affecting their custodial rights and their custodial share of the child raising). Such petitions are typically granted unless there is a legitimate cause for why such a claim should not be accepted (the other parent, for example, cannot physically and/or financially come visit), but even so the courts usually grant the rights to move.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2011 at 7:01 AM EST
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