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Roger, Attorney
Category: Family Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Custody modification

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I share custody with my son's father and I am the primary care taker. We currently have job opportunity in a different state and have considered the move. Would it be difficult to modify custody. My main concern is my son well being. He does not want to stay with father. What would be the possibilities of the court modifying the custody arrangement? We live in California.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.

Generally, the court is going to do whatever is in the best interest of the child, so it will be your task to prove that it is in the best interest of the child to move with you. In order to determine this, the court will look at the child's preference, the home environment, the character of the parents, other family that is near, and any other factor that the court considers relevant. Also, the court will consider the opportunity you have and whether that is positive for the child (more money for you, etc.).

Generally, as long as you can prove that the father will not be deprived of his right to visitation (you may have to modify this) and that it is in the child's best interest to stay with you - - with whom he is familiar - - then you should be in pretty good shape.

However, this is a subjective matter, and the judge will decide based on what he thinks is best.

thanks for the question, and please let me know if you need anything else.

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