| Can the primary physical custody parent MOVE AWAY to another city even though my children attended 4 schools in 5 years? |
Q. Can the primary physical custodian move away to another city even though my children attended 4 schools in 5 years?
In the first two hearings, the court ruled that the ex-wife who has a job in Riverside cannot move to Chicago on the basis that my children have been academically unstable. My daughter (13 years of age) in particular has been attending 4 different schools in 5 years and does not wish to be relocated with her mother. Until recently, she went to Chicago with my children for two weeks where she was interviewed for a job and got the offer.
The primary custodian cannot move away if you can convince the Riverside judge that the child/children will suffer a detriment from the move, which is independent of the interference with your custodial time share. Is any therapist, mediator, child appointed attorney, or evaluator looking at this case? A 13 year old child is old enough to express a meaningful preference under Family Code section 3042, and you need to get these wishes to the court. The court evidently is uncomfortable with the move. You need to ask one or all of these folks be appointed, and you need to ask that legal and physical custody be awarded to the two of you jointly, or solely to you in the alternative. Please see what I have written here as it may help guide you:
http://www.thurmanarnold.com/Practice-Areas/Relocation-and-Move-Away.aspx |
Posted By Thurman Arnold on August 18, 2009 08:22 am | Permalink  |