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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30180
Experience:  Attorney with experience in family law.
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i have 50/50 visitation of my son and joint legal custody.

Customer Question

i have 50/50 visitation of my son and joint legal custody. how can i keep everything the same if i have to relocate out of state.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 years ago.

My name is Lucy and I'd be happy to answer your questions today.

Depending on how far away you're moving, you may not be able to keep everything the way it is. For example, if you're moving from California to Florida, 50/50 custody would be prohibitively expensive. If you're moving across the state line into Nevada and are going to remain within a couple of hours driver, then it's more likely that you could keep the current custody arrangement.

The first step is to notify the other parent of your intended move and see if he will agree to a new plan. That will make things easier. Then, you have to get permission from the judge prior to taking the children out of state. That means filing a Petition to Modify Custody, stating that you're moving, and asking the judge to create a new plan that would allow each parent to spend time with the children. If the move means that you'll end up with the children more than 50% of the time, you may also be able to modify child support to reflect that fact.

Please rate my service positively before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - otherwise, please reply so we can continue the conversation. Good luck.
Customer: replied 4 years ago.
I am father. Me and mother dont have a positive relationship, and so how can I and what.are the chances of seeing if my son can live with me and have visitation with mother?
Expert:  Lucy, Esq. replied 4 years ago.
California law specifically states that the mother doesn't have any rights superior to those of the father. What the judge is really concerned with is what's in the best interests of the children. One of the things that he'll consider is how the current custody situation is working, if the children really do spend half their time with each of you. Things the judge will consider will involve the schools in your new area, whether you have family or friends in the area to act as a support group, and your plan for the move - for example, a time line, where you'll be living, and the fact that you have a job. He'll also look at the life the child has with his mother. Depending on your son's age, the judge will also ask him what he would like to do. If your son would prefer to live with you, that will help your case.

If you don't think the mother is likely to agree, then you can just go ahead and file a motion to modify the custody agreement and let the judge decide.