More details to this question:
We were granted 100% custody of my son when his mother's boyfriend pulled out a gun and threatened her in front of my son. It has been 4 years. His mother visits him every few months but still lives with the man who pulled a gun on her. Does our temporary 100% custody turn into full custody or do we have to go back to court? If his mother fights back could my son potentially be put back in her home? Also we are considering moving out of CA due to the cost of living. What are our options? If we have full custody can we go without her consent? If we have 50% custody do we have to have her consent?
1 ANSWER
NA smsattorney@gmail.com
You asked many questions above and I will try to answer them all. If I miss any, you can contact my office.
When you have 50/50 Custody or whatever Custody or parenting time arrangement you have in place. The court order granting custody usually outlines the requirements for moving out of state. If there is a restriction in moving out of state than yes you will need to get her permission. If she does not agree you will have to get permission from court. Since the gun situation occurred couple years back and there is no violent situation than most likely she will request the court to keep the children here with her and you can go where ever you want to move. You will have to really get a competent and aggressive attorney to get what you want done. Feel free to call my office at 212-387-8001
Answered on Jan 19th, 2018 at 3:00 PM