I live in California and Joint Legal and physical custody was stripped from me along with granting my ex the right to move out of state to the East Coast. This was on the basis of the court making a 3044 finding against me. I am currently taking a 52 week Domestic Violence Course and once I complete, I plan to file for a modification so I can regain joint legal (and possibly physical) custody. The kids have been on East Coast for two years now and I have various stints of unsupervised visitation in the summers and holidays. California still has jurisdiction in this case, it hasn't moved to the other state.
I'm wondering if there are other barriers to regaining joint legal custody with them being in another state. I'm assuming there would be barriers to getting joint physical custody, though I do plan to move there in the next year or so.
The primary barrier is indeed the distance; if a child is of school age, you just can't have substantial custody but you can ask for the majority of holiday time and off-school time.
You need to hire a licensed California Family Law Attorney to represent you and help you out. You need to look at the rebuttable factors regarding the California Family Code Section 3044 presumption.
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