Q: I have daughter 35% of the time. If we decide to go to court over custody percentage, what will judge look at for dec?
Mother of my daughter is moving from Irvine to Corona (From an apartment to living with her parents). She asked me to look at schools in Corona, but I fear that she will constantly be moving from city to city. I plan to live in Riverside for the next 5 years at least. I currently get my daughter every weekend only because her mother WAS living in Irvine. Now that she is moving to live with her parents in Corona, I want to increase my time with my daughter to 50% of the time. I want to enroll my daughter into a school here in Riverside, but I am certain that the mother will fight it and disagree. If I have to go to court over this, what will the judge be looking for? Can I get the 50% I am looking for. The only thing we currently have open, as far as any court cases, is child support. We have never seen a judge about custody. We only have a child support case that was based on the mother living in Irvine.
A: The distance issue is important. If your child will be closer, there is a good argument for more time. Since there are no custody orders, it's a good idea to get orders at a strategic time. It certainly sounds like a good fact for you that she will be moving to Corona with her parents. Definitely seek a consultation with a family lawyer.
A: You can object to the move away if it interferes with your time with your child or if it's a destabilizing force in your child's life. Filing for custody is key. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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