I first went to mediation in 2009 to make a schedule for my son and his Father. I recently went back, in July to revise our visitation schedule. I currently have 70% custody and he has 30%. However, my boyfriend lives in southern CA and he and I are talking about me and my son moving to LA when my lease is up in January. I am now worried it’s too soon to go back to court. I know my son’s Father won’t like the fact that I want to move and will probably fight me on my move.

How difficult is it to do a move-away case? How soon is too soon to go back to court and request the visitation schedule be changed?

You can always go back to court. Whether you win is another issue. The court to going to look at the best interest of the child and if you have a plan when you move, such as a job, housing, schools, support from families and how you plan on fostering visitation with the father. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.

If dad opposes the move, your best realistic chance of getting the court's approval is going to rest on how generous you're willing to be with a new visitation schedule. If you're willing to offer big chunks of time over summer, school breaks, and holidays...AND if you are willing to bear the burden of the transportation costs (either dad's travel or the child's travel)...AND willing to make the child available via things like phone or skype, THEN you have a better chance of the court's blessin...IF you can convice the court that the move is in the CHILD's best interest. Moving to be with a boyfriend benefits YOU, but your burden is convincing the court that moving the child AWAY from the other parent is outweighed by how the move benefits the CHILD. What does the CHILD get out of living in LA that is so great a benefit to the child that it should justify greater distance from the other parent? (That the question you'll need to answer to the court's satisfaction.)

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