Questions regarding Temporary Move Away Agreement

[Malice]

We live in/attend court in California(contra costa co.)- Son is 2.9 yrs old with BM having 95% custodial -with joint legal and BM making all medical decisions. Current orders are Mediators most recent recommendations. The only items worked out are Establishment of Parental Relationship, and Paternity...  we have yet to have a Custody Evaluation, etc..

Now the BM wants to move away(over 1000 miles, but only for a few [3] years or less- she claims) so she can save money and pay off bills...  and she wants me to allow her to move without her having to go to court again(saved time: atleast 6-8 months / saved money: she would pay for evaluation; around 4-6k).

She will stipulate to a satisfaction of judgment on the arrears for both CS and Medical(current CS and Medical will also be set at zero). We've agreed to an 80-20% split on custodial time(I mentioned that would be the next step if we mediated/FCS),  and she has agreed to pay for my transit expenses.

so my questions are...   (only 10 to start with)

(1) how do I cover my arse(ala teflon style) besides putting in specific dates for the custodial time?

(2) the likelihood of her being able to move the case out of state once she relocates? (she is legally physically disabled, though able bodied.)

(3) can she stipulate to a satisfaction of judgment on the arrears for Medical also? (she has never collected any type of government aid or medical benfits)

(4) by allowing this 'temporary move away' will I no longer be allowed a custody evaluation in the future?

(5) can I include a clause that would state she has to return back to California within three[3] years or submit to a custody evaluation at that time(at her expense).

(6) can I include a clause that would state she has to move/live in a particular house/address only.

(7) can I include a clause that would state no more then 90 days can elapse between physical connect with our son. (or is that redundent as those dates would already be set)

(8) can this agreement be signed by a Notory, or would it be best to have a Judge sign it? (im thinking Judge, her Attorney said we could Notory it to save time)

(9) anything else you might think is important or shouldnt be overlooked?

(10) is this a bad idea and/or will I just be opening a bigger can of worms if I agree to this?  (I dont think this is in our childs best interest, but dont want another rift in our current/future communication or the headache of another round with FCS and a custody evaluation)


Words couldn't possibly tell how much *you* and the rest of this website means to *everyone* here, please keep it going.  :D

[socrateaser]

>(1) how do I cover my arse(ala teflon style) besides putting
>in specific dates for the custodial time?

Don't let her move without a fight. After six months residing in a new jurisdiction, a future custody battle, although technically bound to CA jurisdiction, will almost certainly end up where the children will then reside, because the CA court will probably relinquish jurisdiction to the state where the most substantial evidence related to the children exists.

>
>(2) the likelihood of her being able to move the case out of
>state once she relocates? (she is legally physically disabled,
>though able bodied.)

LOL! Oh. That changes things considerably. I'd say, probably 100%.

>
>(3) can she stipulate to a satisfaction of judgment on the
>arrears for Medical also? (she has never collected any type of
>government aid or medical benfits)

Not without the state's consent, if she's already assigned her right to support to the state.

>
>(4) by allowing this 'temporary move away' will I no longer be
>allowed a custody evaluation in the future?

It's not gonna be temporary, bud. You're being suckered.

>
>(5) can I include a clause that would state she has to return
>back to California within three[3] years or submit to a
>custody evaluation at that time(at her expense).

You can try, but the court will NEVER sign off on it, because it may injure the children at the time it is invoked. And, even if you snuck it past the judge now, when it came time for you to try to enforce it, the court would probably backpeddle and you'd be faced with an appeal, which you'd probably lose, but it would wipe you out financially, so you would lose even if you were to win.

>
>(6) can I include a clause that would state she has to
>move/live in a particular house/address only.

Same answer as above. In general, the court cannot order parties to move/live in a particular place (that's like custodial incarceration, and it violates due process about a thousand different ways). The court can only order the CHILDREN to move/reside somewhere, because minor children are in custody already.

>
>(7) can I include a clause that would state no more then 90
>days can elapse between physical connect with our son. (or is
>that redundent as those dates would already be set)

You can, but be careful about what you ask for, unless you also provide some specific penalty that accompanies a particular clause, because you may find it difficult to enforce your rights later.

>
>( can this agreement be signed by a Notory, or would it be
>best to have a Judge sign it? (im thinking Judge, her Attorney
>said we could Notory it to save time)

All custody agreements must be ordered and signed by the court or the court can change them later, as if you had never entered into the agreement. Her attorney is trying to trick you.

>
>(9) anything else you might think is important or shouldnt be
>overlooked?

Yes, a stipulation to satisfaction of judgment cannot be made conditioned on a custody agreement or visa versa. That is the equivilent of selling your child (i.e., slavery). The two agreements must be completely independent, or the court can vacate them both later as illegal in subject matter.

>
>(10) is this a bad idea and/or will I just be opening a bigger
>can of worms if I agree to this?  (I dont think this is in our
>childs best interest, but dont want another rift in our
>current/future communication or the headache of another round
>with FCS and a custody evaluation)

"There's a sucker born every minute." -- P.T. Barnum

I think the above quote covers everything.