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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111526
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I'm pregnant and plan on moving from Hollister to San (45-60

Customer Question

I'm pregnant and plan on moving from Hollister to San Jose (45-60 min drive) to live with my fianc�. In doing so I have requested to alter my custody schedule with my 7 yr old, to where I would commute with him e/o Mon, every Tues & Wed to drop him off at school by 8am. We are up by 6am, and will be out the door by 7am... school starts at 8:20. There is an additional 20 mins to spare in the event of heavy traffic or an accident. My ex is refusing to agree to the change because he is worried that it is to much driving time for our son. We met with the mediator who attempted to suggest me taking weekends (which I am open to), but my ex is refusing to agree to that as well. He wants me to only have eo weekend, and says I can see him Mon & Wed nights for dinner. I do not agree to that. There are lots of activities he can be preoccupied with in the car drive, as well as be able to spend mommy and son time with me. The mediator says it's up to the judge, and gave me tips on what to say. Is there anyone who can give me advise on how to help support my case? Thank you in advance.
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You will need to convince the judge not just that there are plenty of activities to do on the ride, but that the ride will not interfere with any activities or needs of the child as well. So, if the child can do homework on the ride, for example, that is something that could support your case. If the drive would interfere with his school or activities or would cause him to get to sleep too late, those are the types of things a judge would consider as being against giving you what you want. So you have to put together a list of positive things that are in the child's best interest that can be gained by not making the alterations your ex is trying to insist upon.