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azmama · May 27, 2012, 08:15 AM

The father of my child filed a petition for full custody of our now 1yo son. He lives with his parents and aunt, has no health insurance, doesn't offer any type of financial help to us, and only filed because he knew I was moving to az. He lives in cali. I had a job offer that I didn't want to turn down so I moved after mediation. He wasn't happy about that, but was unable to find someone to watch our son for the few days. We have a hearing in june-will I lose custody of our son because I moved before hearing date?

ScottGem · May 27, 2012, 08:21 AM

It is certainly possible. If there was pending litigation and he had court ordered visitation, then you may have defied a court order by moving without his or the court;'s permission. The court may not like that.

azmama · May 27, 2012, 08:27 AM

There is no court ordered visitation, no set schedule anywhere. He filed the petition, on back there was injunction to prevent me from leaving" but I think it was up to the mediation date. I'm going back with child in June, but I don't know what will happen. I just don't want to lose our son because I am trying to make a better life for us. Does California law prevent us from moving forward and are the mediators notes used at the hearing? He said no to all proposals, because he wants sole custody.

azmama · May 27, 2012, 08:30 AM

I hope you got my reply.. showed up weird on my phone.

ScottGem · May 27, 2012, 08:36 AM

The real issue here is that there is pending litigation. On the other hand, if he has been asking for sole custody and only sole custody, it might not be too bad.

But once litigation has started, you can't do anything without the court's permission. California law doesn't prevent you from moving, but it does prevent you from taking the child out of the jurisdiction without permission of the court.

azmama · May 27, 2012, 09:04 AM

All I really know is, does the judge look at this as a slap and the face and decide that the father should have primary custody, based on the things I mentioned about him earlier

azmama · May 27, 2012, 09:06 AM

*all I really want to know*

ScottGem · May 27, 2012, 12:29 PM

Originally Posted by azmama

All i really know is, does the judge look at this as a slap n the face and decide that the father should have primary custody, based on the things i mentioned about him earlier

We can't predict what a judge will do. Judges are charged with ruling on what is in the best interests of the child. But judges also don't like litigants who think they are above the court.

You have to convince the judge that your move was for the betterment of the child. Also that you are willing to allow reasonable visitation to the father, but you don't feel is prepared to be a full time parent.