Hello, I am currently engaged and have a baby with my fiance. I am in a custody battle for my son from my prior relationship but we are hoping to relocate to California as my fiance has a better job offer and the quality of life (financially esp.) would be greatly improved. Please explain to me if this is plausible.
You can file a petition for relocation in the court in the county where the child lives. There is no set formula for a court's determination of a relocation petition; the court considers the facts and circumstances of each case, and ultimately must make a determination that is in the best interests of the child. Petitions have been granted where the court found that if relocated, the child would have better opportunities economically, socially and educationally. It is also important that the child be able to see both parents regularly, athough the frequency of such visits is also not determined by a set formula. If it would be economically unfeasible for the child to have regular visits with both parents if there is a relocation, it is unlikely the petition would be granted.
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