Asked about 1 year ago - Long Beach, CAFlag
I am a mother of a 3yr old son and i have had primary custody since birth dad and i have been in pro per since 2009 until i filed for move away for a new job last fall. Dad has hired and attorney who has brought up only the issues of how dad and i broke up (i.e all the fights, and cursing words)which the judge already ruled on in 2010 and there has been no problems since. When i filed the OTSC dad went in again claiming all this old stuff the judge had already head at the restraining order hearing. Dad had a very extensive conviction history, is a known gang member (on gang files with the LBPD). All of dad's issues are just to get heard about what i did to him in our relationship. What are my chances of leaving with my son? He has 3 other siblings that live in my home as well?
The operative law governing move away orders is set forth in the case of In Re LaMusga and In Re Burgess. There are many factors that the court considers when making decisions regarding a "move away" order. You should first understand that you are entitled to move anytime you want, the court cannot prevent you from doing so. It can only prevent you from doing so with your son. The court will first and foremost consider the "best interests of the child". That means at his very young age, is it in his best interests to continue to be cared for by you as he has been since birth. I would say as long as the child's father continues to focus on "what you [allegedly] did to him" in your relationship and he doesn't focus on the issue of what is in your son's best interests, you will likely get your order allowing you to move. Make sure you make clear to the court that the move is not intended to keep your son away from his father and that you have a good faith motive for wanting to move...a new job, especially since jobs are so hard to find here right now. The court will look to your willingness to share custody on a different schedule than you currently have if Dad has visitation, though you mentioned a restraining order. If there is a restraining order in place and Dad has no or very limited visitation, you should not have a major hurdle getting an order to allow you to leave. The fact that your son has three other siblings works to your favor as the court is not going to want to split up siblings if it can be avoided. Make sure you provide the court information on the quality of the schools and environment of the location you want to move to as compared to where you are now and where he will go to school. You may be required to pay for the costs of transportation to get your son back here to visit his father, or for his father to go to your new location and visit him there. While it sounds like you have very favorable facts, this is not something you should try to do yourself. If Dad continues to fight, there will be a trial and there is no way a layperson such as yourself can prepare for presenting evidence to a court on such a critical issue. The problem is, you don't know, what you don't know. If you really want or need to move, this is the
time to spend the money to hire a competent family law attorney familiar with move away orders. Good Luck
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