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Category: Family Law
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Experience:  8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am an active duty military member who is being assigned to

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I am an active duty military member who is being assigned to a base in Washington State. My wife is currently looking to apply for a court order move in California. She is also currently going through a custody battle were the biological father has zero custody of the child and has supervised visitations for 6 hours once a week. My question is do the courts take in to consideration that I am military, and how do they determine what is "the best interest of the child" my step son is only 2 years-old.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The Judge will use the following factors below, when deciding what is in the best interest of the child:


The age of the child.

The relationship of the child's parents and any other persons who may significantly affect the child's welfare.

The preference of the child, if old enough to express a meaningful preference;

The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity;

The stability of any proposed living arrangements for the child;

The motivation of the parties involved and their capacities to give the child love, affection and guidance.

The child's adjustment to the child's present home, school and community.

The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical stress.

The capacity of each parent to cooperate in childcare.

Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use these methods;

The effect on the child if one parent has sole authority over the child's upbringing;
And

History of Domestic Violence

All other factors having reasonable bearing on the physical and psychological well-being of the child.

In addition, I have provided you a link below with the CA codes that control and what a Judge will reference:


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3040-3049

In your situation, you have a father who has supervised visits once a week, for six hours. There is clearly a legal basis for which this was imposed, as the court had concerns about the father. If that was not the case, then the father would have more time, unsupervised with the child and likely overnight visits. The biological father does have a legal right to the child, so the Judge will certainly consider that. At the same time, there could be a balance or compromise and allow the relocation in exchange for time with the child during holidays and when school is out for vacation/break. Of course, the challenge is going to be shifting from one visit a week, supervised for six hours to overnight visits for the weekend, since the child would have to stay there. The Judge will look into your situation as a man in the military who has no choice but to relocate and how long you and the mother have been together and the role that you play in the child's life. Based upon the situation which you described above, it does sound as though there is favorable factors to considered for you and your wife, since the father is basically absentee.

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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 17042
Experience: 8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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