What are my continued custody rights if I got offered a job 6 hours away from my son’s father?

UPDATED: Oct 27, 2011

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What are my continued custody rights if I got offered a job 6 hours away from my son’s father?

My son, now 8 years old, has always lived with me. His dad hardly saw him and paid money sporadically. Now I have been offered a job 6 hours away and he wants me to leave our son with him. What are my rights as the mother? It is still in the same state. He won’t even compromise with me. He has hardly paid any child support.

Asked on October 27, 2011 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whenever a custodial parent decides to relocate, this can impact the non-custodial parent's access to the children. In fact, it may violate an existing custody and/or visitation order. Accordingly, the custodial parent must seek approval from the court before making any move. A move-away petition must be filed.

While custodial parents have the legal right to change residences, the courts can make modifications to the custody and visitation arrangements if it finds it is in the "best interests of the child" to do so. Relocation also can be grounds for the non-custodial parent to request a change in the custody arrangement. A significant change in circumstances may necessitate such a modification. The non-custodial parent must be able to show that the move is detrimental to the child. The reason for the move will be is important (e.g. is it an attempt by the custodial parent to limit or interfere with the non- custodial parent's rights to see the child). The court will also consider the distance involved; the age of the child; the child's relationship with both parents; the extent to which the parents are currently sharing custody; etc.

At this point, you need to consult directly with a divorce attorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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