I have accepted a job in San Francisco in Sept 2012. My wife and I have done all we can to to keep my wife in San Diego so that her son can continue to build a relationship with the father. It now has come time that this is no longer feasible. With us having multiple homes to pay and the father not paying any or partial of his child support payment. (we agreed to it to help him out as we have over the last 8 years, which only three times has he paid the full $350). Because of the financial responsibility and my much your children, we have decided to have them move up to S.F. We had proposed to cancel all future child support payments, half of airfare, and up to 182 vacation days which the son will be back in San Diego. The father says no. What can we do to better our chances to bring my wife's son with us. The son wants to be with his mom who is 11 yrs old, which may still be too young to decide.
Financially, my wife and I are in a better situation to provide a home. Father claims (reason for not paying support) is close to being evicted as they can't afford to pay their apt. Please provide guidance. Thanks.
2 Answers from Attorneys
This complex child custody move away question deserves the attention of an experienced family law attorney in an office consultation.
You will need to bring a motion to modify the child custody to allow the move. it can take several months to get the hearing. I have taught two seminars on move-away requests and handled several appeals. It is complex and you should have an attorney. You will most probably prevail and will be better off than what you have offered.