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View Full Version : Custody and Moveaway situation


tstopen
Mar 10, 2009, 02:40 PM
I moved to California about 3 years ago Jan 2006 to be with my then fiancée. 4 months later he took the ring away, and 2 weeks later I found out I was pregnant. I stayed to try and form a relationship for our daughter. We have not been able to have a loving relationship, so we decided to go out separate ways at the end of our lease, which is in August 2009. I am currently filing paperwork for parentage, custody, child support and moveaway. I was born and raised in Wisconsin, and would like to return to my family and friends there as my support system. I wish to raise my daughter in Wisconsin, as it is safer and more beneficial to her upbringing. I am scared to death that they will not grant me a move away. I would have course stay where my daughter is, however, I do not have any support system here in California to help me in any way shape or form. My entire support system is in WI, and that is the only reason I am wanting to move back.

I need some solid advice on the process and likeliness that this will actually occur.

this8384
Mar 10, 2009, 02:57 PM
The only reason they would not grant you permission to move is a)if your ex objects to it and b)they don't feel it's in the best interest of your child.

If you can prove that it would be more beneficial to raise her here(I'm from WI, also), then bring your reasons and evidence, if any, to the hearing.

If they do allow you to move, be prepared to have to travel back to California so that your ex can visit with his daughter.

cadillac59
Mar 11, 2009, 10:05 PM
Well, I've represented many moms in move-aways in California and they are expensive, time-consuming and frustrating if the other side objects. Be prepared (again assuming an objection on dad's part) on going through at least a child custody evaluation (a "mini-evaluation" or "3111 evaluation" as it's sometimes called in some counties) and it could easily take a year , or longer, to get a final decision. The outcome of the custody eval will likely be the outcome of the case.