Dear Cape Fear Family Law:

My ex-wife is moving with her new husband to California.  He is in the military and they have another child together.  I am really involved in my daughter’s life; she is 12 and goes to school here.  I attend her events and I cannot afford to visit her in California and pay my child support too.  Can I keep her here?

-Baby Don’t Go



Dear Baby Don’t Go:

There is no clear answer to this question.  Unfortunately, the answer is really an “expensive maybe.”  First, you would need to file a motion to modify custody prior to her moving and ask for a restraining order to keep the minor child here.  Then, you would need to clearly investigate both her new potential home in California and her home here.  You would need to rally your witnesses and show that the child’s best interests are served here.  Finally, you would have to get a judge to believe that living here is the only way to keep your relationship with your child intact and that this relationship is in the child’s best interest, among other things you may need to show.  Go see an attorney today, before the move is complete and it is too late.



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