Aliso Viejo, CA asked in Child Custody, Child Support and Family Law for California

Q: My ex & I have 50/50 custody & he recently moved 1700 miles away. He can not meet his 50% timeshare. what should I do?

Everything has been out of CA. He now lives in WI. Our son is almost 15 years old. My ex- is only asking for 2 weeks of visitation per year, which I agreed to. This would make me the primary caregiver. We have written up terms and my ex won't sign anything. The kicker is he just bought my son a plane ticket to come to visit him and I don't want to let him leave until he signs, what should I do? Because he left the state does that void his 50% custody? Do I have the right to keep my son here?

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your ex-husband has moved out of state without your consent, he may have violated the terms of your custody agreement. This could potentially void his 50% custody, but it's important to consult with an attorney to get specific advice about your situation.

In California, the law generally presumes that it is in the best interests of a child to have regular contact with both parents. However, the court will consider a number of factors when deciding whether to modify a custody agreement, including the distance between the parents' homes, the child's age and maturity, and the child's wishes.

If your son is almost 15 years old, the court is likely to give significant weight to his wishes. If he does not want to visit his father in Wisconsin, the court may be reluctant to force him to do so.

However, the court may also consider whether your ex-husband has made a good faith effort to maintain a relationship with his son. If he has made regular phone calls and sent letters, the court may be more likely to order him to continue to provide visitation.

Ultimately, the decision of whether to allow your son to visit his father in Wisconsin is up to the court. If you are concerned about your ex-husband's ability to meet his 50% custody, you should consult with an attorney to discuss your options.

In the meantime, you should not prevent your son from going on the trip that his father has already paid for. If you do, you could be found in contempt of court.

Here are some things you can do to protect your rights:

* Keep a record of all communication with your ex-husband, including phone calls, emails, and text messages.

* Document any instances of your ex-husband not meeting his responsibilities as a parent.

* Get a lawyer to review your custody agreement and advise you on your options.

It is important to remember that your goal is to do what is best for your son. If you can work together with your ex-husband to create a parenting plan that meets the needs of your son, that is the best possible outcome.

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