My almost 3 year old daughter's father had denied her until he had a paternity test ordered when she was 8 months old. He had not shown any interest in her or her life until her first birthday and none until the court hearing. He had nothing to do with her until I filed for full custody due to his constant threats to take her from me. The custody order says I have sole legal and physical custody of her but there is a stipulation that states I can not move out of this town or county without notarized consent from him. He argues about me moving even though he doesn't show up for the ordered visitation schedule as ordered. He gives me excuses of why he doesn't make it. He currently has not shown up in going on 3 months. I need help so I can provide a better life for my daughter and myself.
As the primary custodial parent, you have a presumptive right to move so long as it is in good faith and not meant to disrupt visitation. I would suggest you email him asking him why he has missed so much visitation, without alluding to the planned move away. Then you can file your motion with this evidence of all the missed visitation. You would be best served with an attorney who can assist you in making sure the emails are properly introduced into evidence.
Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX