How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

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: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 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 6 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 6 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
Dimitry K., Esq. and other Family Law Specialists are ready to help you

Related Family Law Questions