My ex will not consent to me moving to a new location 39.2 miles away from him with my daughter. We share joint/physical custody. It will not affect his time with her at all!! I've agreed she will stay in her current school district. I even told him we could put this in writing and submit this to the judge. I even explained nothing will change except for her reseidence while she is in my care. Everything else will stay the same. I already told him I would drive her to school and pick her up from his area, he said he wasn't concerned about the move but now wants me to lower his child support or he won't agree to the move. Our current custody agreement states all I need to do is inform the other parent of the move and the courts. However I can't seem to find the form I need in order to do soAlso I should bring up I informed in the beginning of Mar. 2012 and will not be moving til Jul. 2012. The california state law says I need to give the other parent 45 days notice. I would like to do this with the courts as well except can't find the form.
My understanding based on CA Family Code Section 7501, In re Marriage of Burgess (1996) 13 Cal.4th 25 and In re Marriage of LaMusga 32 cal. 4th 1072 is the custodial parent has a right to change the residence of the child subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child. Additionally, the father bears the initial burden of showing that the proposed relocation would cause detriment to your daughter, requiring a reevaluation of the custody arrangement. If the move does not prejudice the rights or welfare of the child as you say, then you should be ok.
Based on the above, it would seem father would need to initiate a motion with the court in opposition of the move. Further he cannot modify a support order without returning to court.
Consider filing a change of address with the court http://www.courts.ca.gov/documents/mc040.pdf and serving him a copy to comply with the notice requirement.
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