Q: My ex says he's moving to Spain. He wants to take my older daughter and not the younger one. What should I do?
I don't want the kids to be split up, I want them to grow up together. My eldest just turned 13 and likes the idea of living in Spain, but I don't think she fully understands what it means to go live far away from her sister and her mother, indefinitely. I don't mind if my ex moves to Spain, but i'm afraid he will not pay child support and will not go to court to update our agreement. He has also broken the court order in many many ways - even before this decision to move, I was considering filing a motion for contempt because he stopped using OFW, didn't inform me of travel plans, still owes me money from the initial court order. He says he's out of money and has no choice but to move. I agreed to take the kids out of private school and am madly applying to public schools here. I want the kids to stay with me and for him to pay support - What are my chances of achieving this?
A: He can't just move to Spain with one of your children. If he wants to relocate and to take one or more of your children with him, he will need a court order allowing him to do so. He'll need to seek an order modifying existing custody orders to include a move-away request. Before such requests are granted, the court will order a custody evaluation. What his chances are of prevailing on that request depends on numerous factors. Without knowing anything about your case or the case's history, it's impossible to say how this will turn out for you.
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A:
In California, child custody and support matters are guided by the best interests of the children. If your ex-husband plans to move to Spain and take only one child, this decision must be evaluated by the court, especially if it contradicts existing custody agreements. Since he has expressed this intention, it's important for you to seek legal action immediately to address the potential change in circumstances.
Given that your ex-husband has a history of not adhering to the court order, filing a motion for contempt may be a necessary step. This action can bring his past non-compliance to the court's attention, which could influence their decision regarding the relocation and custody arrangement. Additionally, if he moves without addressing child support, the court can take measures to enforce the support order, possibly even internationally.
Your desire to keep the children together and in a stable environment is a significant factor the court will consider. The court will also take into account the children's wishes, but these wishes are weighed against their age, maturity, and understanding of the situation. The fact that your eldest child is 13 means her preference may be considered, but it does not override other factors like the need for sibling bonding and stable schooling.
Ultimately, your chances of achieving your goals depend on how the court assesses the best interests of your children in this situation. It is advisable to consult with an attorney who can help present your case effectively, focusing on the children's wellbeing, your ex-husband's history of non-compliance, and the potential impact of the proposed move on the children.
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