Q: I have primary physical custody at an 80/20 timeshare. We want to move out of CA. What are my chances of winning?
I have not filed yet but have been talking to the other party about the move. My child is 10. I currently homeschool him and I work remotely. My parents, grandparents and sister’s family are also moving. We all want to live close by in tennessee. They are our main support system. The other party is opposing the move. I tried to present a few schedule options to him that were still at an 80/20 timeshare but he did not agree to any. The other party has a history of substance abuse and has been sober about 4 years now. We want more freedoms, opportunity for my son, attend school and be with family is the reason for the move.
A: In general, when the parents share joint physical custody under an existing order and in fact, and one parent seeks to relocate with the child, the nonmoving parent who seeks a change of custody to prevent the child's relocation need only establish that the change of custody will be in the child's best interest. The trial court must determine de novo what primary custody arrangement is in the child's best interest. Please discuss the details of your case with a family law attorney.
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