A Story of What happens in Court when one parent wants to move away

In May 2013, the court entered a judgment dissolving the parties’ marriage. As part of their divorce agreement, they had joint legal custody.

Joint Legal custody means that they must agree on the important decisions of the child together such as health and education decisions.  Janet had primary physical custody, Joseph had the children 25% of the time.

In June 2015, Janet wanted to move to Massachusetts with the children and asked the Court for such an order.

So each gets an attorney.  The attorneys give the arguments they think will win their client’s position based on prior cases and rulings.  Janet says I can get a better education and job in Massachusets, so I want to move.  Joseph said the children have stability here, and it is best for the children to stay in California.

Remember, court is about winning and not necessarily dealing with the real reasons of the fight to come up with solutions.

Courts generally assign a Custody evaluator to report to the Judge which costs at least $5000- $10,000 minimum and it takes at least 6 months.

In December 2015, the evaluator opines that a move to Massachusetts would be “very challenging” for the children because Janet would be preoccupied with her own education, she could not meet the needs of the children as a single parent, the children’s support structure was in California, the children were “really attached to both parents,” and Janet would not foster a relationship between the children and Joseph.

Court ordered that Janet can move BUT not with the children and furthermore increased parenting time with Joseph.

Janet continues to try to change the order by motions and requests for another year, asking an attorney to be assigned for the children.  Janet lost again.

Janet appealed every order …… fast forward four years later to the end of the year 2019 – and she lost the appeal.

Litigation has its own agenda.  It becomes about who is wrong and who is right.  It becomes about the battle; like a fire, it gains momentum and gets out of control.

If you are considering litigation, I want to ask you:  Is your purpose of divorce to fight for years to come, paying all your money to people who fight for you?

If your purpose is freedom at last, let’s go over ways you can avoid litigation.  You can have a peaceful divorce and co-parent effectively.

Contact us with questions or schedule a free call.