My question involves a child custody case from the State of: California
I will try to make this understandable. I have two children. A 16 yr old from a previous relationship (relationship A) that my now ex husband (relationship B) adopted. My 16 yr old lives with my mother in Missouri because he and my ex husband could not get along. Ex was not treating him fairly or equally to our daughter. Our 8 yr old daughter lives with me. We have been separated a year now with the divorced finalized this past April. At first, it was 50/50. One week with mom, one week with dad. We lived 5 minutes apart. He moved an hour away to be closer to his job and school. So visitation changed to him getting all but the last weekend of each month. Summer time, it is 50/50 and we split the holidays.
He has all his family within a 5 mile radius. In fact, he currently lives in a one bedroom in law suite at his Aunt's house. It has a separate entrance and, while attached, is separate from the Aunt's living quarters. He and our daughter share a room but have separate beds. I have NO family here. My son, mother, sister and step father live in Missouri. I have no support system here. I am going to school to be a teacher, have been for 3 years now and he was supportive it. I can only find employment that has me working 3 week days and the weekends at minimum wage. I am not qualified currently to work in my career field of choice (a teacher) yet in California. I have to have my BA first. My rent is $675 a month for a two bedroom. In Missouri, I am already qualified to work as a substitute teacher and have already spoken to the schools where I wish to move and just need to pass the finger printing, which will not be an issue. I have also obtained a 2 bedroom at only $350 a month.
I spoke to my ex a month ago on this matter and we came to the agreement that our daughter will move with him mid October and come out and stay with me for a week at Christmas and a week at spring break. She will then move out to Missouri with me mid July and visit him on the holidays. And so on, continue to alternate that way was have equal time. Now, he has a lawyer and now is stating that his lawyer says that will not pass the judges review. That He will only do living with dad for the remainder of this school year (June 2018) and coming back to the table to renegotiate the next school year. Without anything stating she can move with me that summer.
Here is my question, given that I will be financially more stable in Missouri and have the opportunity to get my foot in the door of my chosen career a whole 4-5 years EARLIER, a 40-50% drop in the cost of living while making the SAME if not MORE than I am now (I gross $75 a day 5 days a week currently, Missouri pays its subs $75 a day), and the fact that I will be closer to my family and will have a support system for continuing my education in Missouri, what are my odds of being able to leave without having to give up my daughter? Are my reasons valid? Do I have any legal ground to stand on and can I will with our above agreement in court if I go up against his lawyer?
I will try to make this understandable. I have two children. A 16 yr old from a previous relationship (relationship A) that my now ex husband (relationship B) adopted. My 16 yr old lives with my mother in Missouri because he and my ex husband could not get along. Ex was not treating him fairly or equally to our daughter. Our 8 yr old daughter lives with me. We have been separated a year now with the divorced finalized this past April. At first, it was 50/50. One week with mom, one week with dad. We lived 5 minutes apart. He moved an hour away to be closer to his job and school. So visitation changed to him getting all but the last weekend of each month. Summer time, it is 50/50 and we split the holidays.
He has all his family within a 5 mile radius. In fact, he currently lives in a one bedroom in law suite at his Aunt's house. It has a separate entrance and, while attached, is separate from the Aunt's living quarters. He and our daughter share a room but have separate beds. I have NO family here. My son, mother, sister and step father live in Missouri. I have no support system here. I am going to school to be a teacher, have been for 3 years now and he was supportive it. I can only find employment that has me working 3 week days and the weekends at minimum wage. I am not qualified currently to work in my career field of choice (a teacher) yet in California. I have to have my BA first. My rent is $675 a month for a two bedroom. In Missouri, I am already qualified to work as a substitute teacher and have already spoken to the schools where I wish to move and just need to pass the finger printing, which will not be an issue. I have also obtained a 2 bedroom at only $350 a month.
I spoke to my ex a month ago on this matter and we came to the agreement that our daughter will move with him mid October and come out and stay with me for a week at Christmas and a week at spring break. She will then move out to Missouri with me mid July and visit him on the holidays. And so on, continue to alternate that way was have equal time. Now, he has a lawyer and now is stating that his lawyer says that will not pass the judges review. That He will only do living with dad for the remainder of this school year (June 2018) and coming back to the table to renegotiate the next school year. Without anything stating she can move with me that summer.
Here is my question, given that I will be financially more stable in Missouri and have the opportunity to get my foot in the door of my chosen career a whole 4-5 years EARLIER, a 40-50% drop in the cost of living while making the SAME if not MORE than I am now (I gross $75 a day 5 days a week currently, Missouri pays its subs $75 a day), and the fact that I will be closer to my family and will have a support system for continuing my education in Missouri, what are my odds of being able to leave without having to give up my daughter? Are my reasons valid? Do I have any legal ground to stand on and can I will with our above agreement in court if I go up against his lawyer?
Relocation: In California - Want to Move to Missouri
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