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rodfreeman · Jul 6, 2009, 12:17 PM

What are the current rullings and court views on move away cases in California

cdad · Jul 6, 2009, 01:27 PM

Who is or did move away ?

Which party are you and what custody orders have been already issued ?

cadillac59 · Jul 6, 2009, 03:33 PM

Originally Posted by rodfreeman

What are the current rullings and court views on move away cases in California

We don't like them. Why? Because move aways are bad for kids, so all the studies say that have looked at the impact they have on kids later in life.

I could go on for a long time talking about the Burgess/La Musga cases and how we handle move aways, but do you have a specific question?

rodfreeman · Jul 6, 2009, 10:07 PM

I ma the father of three kids Jessica-17 Rodney-15 and Emma-8. Emma is my daughter with my current wife Rodney and Jessica are from a previous marriage in witch I have full custody of due to the fact the other parent is absent. In the beginning of June my wife came home from a trip to Ohio to see her nice graduate when she returned she told me that the marriage was over and that she wanted me to let her take Emma and leave the state she stated she did not want to be her anymore. I of corse said no and I assumed that she wanted to go back to Ohio where a lot of her family is at. I then filled for legal suppuration and tempary custody of Emma witch the court has granted me. I have now found out that my wife while in Ohio met someone that was there for the graduation also he was her cousin by marriage and lives in Texas. And that is where my wife wants to take my daughter to Texas where she doesn't have any family all for some distant not blood relative. I have a custody hearing on the 29th on this matter and I can't seem to talk any sense into my wife that the move would be devastating on all the kids and everybody. She has been mother to Rodney and Jessica for over 11 years now. Emma loves her brother and sister very much and we have lived at our current address going on 7 years now the kids are well astablished in their schools and Emma's day care is right next door to where we live. I am very worried for the well being of my children and what's to come.

stinawords · Jul 6, 2009, 10:24 PM

Stick to your guns and get a good lawyer. You have already won temp custody (though it obviously isn't the same as a full custody order). Will you be keeping the house in the divorce? If so that will also help to show that you have a stable home environment and the fact that you still have your other two children and they are doing well shows that you are fully capable of raising the child. So, get a lawyer and put your case together and remember to breath.

cadillac59 · Jul 6, 2009, 10:38 PM

Originally Posted by rodfreeman

I ma the father of three kids Jessica-17 Rodney-15 and Emma-8. Emma is my daughter with my current wife Rodney and Jessica are from a previous marriage in witch I have full custody of due to the fact the other parent is absent. In the beginning of june my wife came home from a trip to Ohio to see her nice graduate when she returned she told me that the marriage was over and that she wanted me to let her take Emma and leave the state she stated she did not want to be her anymore. I of corse said no and I assumed that she wanted to go back to Ohio where alot of her family is at. I then filled for legal suppuration and tempary custody of Emma witch the court has granted me. I have now found out that my wife while in Ohio met someone that was there for the graduation also he was her cousin by marriage and lives in Texas. And that is where my wife wants to take my daughter to Texas where she doesn't have any family all for some distant not blood relative. I have a custody hearing on the 29th on this matter and I can't seem to talk any sense into my wife that the move would be devastating on all the kids and everybody. She has been mother to Rodney and Jessica for over 11 years now. Emma loves her brother and sister very much and we have lived at our current address going on 7 years now the kids are well astablished in their schools and Emma's day care is right next door to where we live. I am very worried for the well being of my children and what's to come.

I think you are going to be fine. Tell you wife that Emma is staying with you and that she (your wife) can go to Texas whenever she likes and stay there, or go wherever else she likes, for all you care.

Courts don't like to split up siblings, even half-siblings so the odds of your wife being allowed to take Emma with her are remote.

Hang in there and don't worry. You'll do fine in court.

rodfreeman · Jul 7, 2009, 09:54 AM

Thanks to everyone for your kind words and encouragement it means allot to me. And yes I plan on keeping the house I see it as a form of stilbility for my family right now. I also wanted to add that both me and my wife have good jobs and our stable her's more so than mine right now due to economy I am a planner/schelduler for a steel company and have been their for almost 21 years now and my wife is an air traffic controller for the FAA and has been at her facility for almost 7 years now she makes really good money so much that I pale in comparison. She has been applying for work at a different facility that is closer to home for the last 4 years and in June we received in the mail papers showing her intent and desire to transfer to Huston Texas. I would also like to ask this does our community property and bills have to be kept current until a time that all property is dived and our divorce is finial?

cadillac59 · Jul 7, 2009, 10:12 AM

I would also like to ask this does our community property and bills have to be kept current until a time that all property is dived and our divorce is finial?

Not sure exactly what the problem is but, generally speaking, the answer as to your community debt is no. It's not a bad idea, however, to service the community debt and take a credit back later from your spouse for having done so.

What do you mean by keeping the community property "current"? I didn't understand that part.

rodfreeman · Jul 7, 2009, 12:16 PM

Originally Posted by cadillac59

I would also like to ask this does our community property and bills have to be kept current until a time that all property is dived and our divorce is finial?

Not sure exactly what the problem is but, generally speaking, the answer as to your community debt is no. It's not a bad idea, however, to service the community debt and take a credit back later from your spouse for having done so.

What do you mean by keeping the community property "current"? I didn't understand that part.

What I meant was the house payment electric bill and so on I am under the impression that we me and my wife have to keep all bills current until a time the property is split up and or the divorce is final

stinawords · Jul 7, 2009, 01:41 PM

It's always best to keep your bills current be they community property or not. Now, obviously if there is some financial reason that you absolutely can not then you know the saying "you can't get blood from a turnip". However, to make things easier (especially with you keeping the property and eventually having only your name on the utility bills) yes stay current.

cadillac59 · Jul 7, 2009, 02:46 PM

Originally Posted by rodfreeman

What I meant was the house payment electric bill and so on I am under the impression that we me and my wife have to keep all bills current until a time the property is split up and or the divorce is final

That's not true. You don't.

I've had plenty of clients who, while the divorce is pending, have had to let their houses go into foreclosure or (with the consent of the spouse, of course) have disposed of the house by a short sale.