Our relationship is going south for me.
She thinks I will leave my daughter with her, when she's making minimum wage, no driver license, and 3 other kids from a previous relationship.
She plans to living off of her grandparents, but they're not as healthy as they used to be.
I know back home at Florida, I have a lot of support from my family and I can get an better job in the accounting field to support my child.
You can file for divorce (if you are married) or you can file a paternity case. Move away cases are very fact intensive. Whether your request will be granted are based on the seminal case In re Marriage of LaMusga. The factors the court will consider include:
(1) The reason for the proposed moved;
(2) the children’s interest in stability and continuity in the custodial arrangement;
(3) the distance of the move;
(4) the age of the children;
(5) the children’s relationship with both parents;
(6) the relationship between the parents, including, but not limited to, their ability to communicate and cooperate effectively and their willingness to put the interests of the children above their individual interests;
(7) the wishes of the children if they are mature enough for such an inquiry to be appropriate;
(8) the reasons for the proposed move; and
(9) the extent to which the parents currently are sharing custody.
Get an attorney. Move away cases require the skill and training of a family law attorney. Best of luck.
This information is provided for education purposes only. This information should not be construed as formation of an attorney-client relationship. Contact a family law attorney to further discuss the facts of your case.
Once you file for divorce, you will be restrained from taking your child out of California, and will have to file a Request for Order. Prior to filing, you can move to Florida but be prepared for your wife to file for divorce in CA and request that you return with the child because Florida won't have jurisdiction (power) to issue custody orders for probably 6 months. It's a gamble.
First, don't do anything until there are orders in place tht would allow you to take your daughter to Florida. If did move without orders, that would be very bad for you. You really need to file the petition and then also file an RFO for custody and visitation and seek orders that would allow you take the child with you with generous provisions for visitation by the mother. You really should seek help from a family law attorney.
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