Ok so 5 years ago my step sons mom walked out of court and my husband gained full custody of his son since then we have been back and forth with court and they now have joint sole and physical custody with my husband having primary address. Now we have filed to move out of state from California to Oklahoma with child due to better job opportunities and cheaper living. My husband has 2 job opportunities waiting for him. We just got the mothers response in the mail and she is asking for full custody. She lied about almost everything on her response. She said our house is not a safe stable environment for the child. The child is not or never been put in any danger he has perfect attendance at school good grades is in an after school program and plays sports. She has never offered or been asked to pay for anything for the child. She barely just started working and has given up some of her visitations with the child. She also has stated she provides all transportation for the child when i have been asked several times to drop off and pick up child for her visitations. After 5 years this is the first time she has ever asked her for full custody.
No one can say how a move away will go. I'm curious why mom pays no support.
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If you want to know the law behind move away orders you can read the following cases: Burgess and LaMusga. The court looks at a series of factors. The first is whether there is a shared custody situation. Typically, if the non-moving parents custody time is less than 20% the court will assume the moving parent has the presumptive right to move with the children. The burden then shifts to the non-moving parent to show why the move would be detrimental to the children. (Burgess)
If the non-moving parent has more than 20-25% custody then the court will look at a series of factors to determine what is in the best interest of the children. These factors are laid out in LaMusga. What you will want to do is lay out facts for the court that support the specific factors in LaMusga.
It is hard to not focus on the nonsense that I am sure she presented in her responsive papers, but if you keep your argument focused on facts that support the law, as laid out above, you will have a much higher likelihood of prevailing. Keep in mind, move away requests are some of the hardest decisions a court has to make AND some of the hardest arguments for a party to present. I would HIGHLY suggest employing counsel for this.
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