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    SoCalDad's Avatar
    SoCalDad Posts: 2, Reputation: 1
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    #1

    Feb 23, 2008, 11:09 PM
    Judge ruled that she could move
    My ex filed to move out of state, and even though the mediator recommends that she remain here in California with our son, the judge ruled that she can leave. Our son will be 3 this summer, and I currently get approximately 100 hours a month visitation. The judge said that all of the burden of proof is on me and that I failed to prove how moving would be a detriment, and that my ex doesn't have to have any documentation or proof of any of her claims, and that if I want to see my son more than the new visitation ordered that I can fly 2500 miles to see him once a month if I want.

    I asked an attorney friend of mine if I could appeal based on the judge's comments, and he said that unless I had brand new information or evidence, that it would be pointless. I wasn't able to afford my attorney anymore, and I feel like this judge already had her mind made up before I even got there. Is there anything else I can do to keep my son?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 23, 2008, 11:29 PM
    I am sorry this happened, but for others this is a prime example of why you really need to have an attorney when you go to court.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #3

    Feb 23, 2008, 11:35 PM
    Would you qualify for something like legal aid in California for those with a low income?

    California Legal Aid Low Income - Google Search
    pasiria's Avatar
    pasiria Posts: 161, Reputation: 29
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    #4

    Feb 23, 2008, 11:43 PM
    Unfortunately the law allows mothers to move anywhere they want. I had a friend who went through a similar situation. His ex moved from Virginia to Texas. He waited for the next opportunity to transfer to a job in Texas only 150 miles away from her. The judge ruled that she had to meet him half ways to exchange the kids. He worked for 5 years before he could get a transfer to the same town. You might not be able to do the same, but this is a perfect example of what a man can do in the name of love for his children.

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