Child custody moving issue

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twin4

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I have been in court since April 2007 concerning my decision to move to a county that is within an hour's distance. For 10 years I have had to deal with the father of my son who violates visitations and has been been verbally abusive. He learned that I was planning to move to a different county and took me to court. Now he wants full custody of my son even though he can't even provide him with proper living accomodations. I am willing to compromise, letting my son stay with his father during the entire summer and agreeing to drive my son half way during his weekend visits to his father, should the judge allow us to move.
The primary reason for moving is to improve the quality of my children's lives. The area that we want to move to is more conducive to raising children as it is quieter and nicer.
Although I have had physical custody of my son for over 10 years, no judgement was entered. I was a victim of domestic violence and basically left my son's father about 10 years ago. I was granted full custody until the hearing,which never took place. I was neverinformed that I would need to take measures to secure custody of my son. The father of my son never contested my having full custody all these years. He has been seeing him ( violating the courts visitation rules) on alternative weekends. I actually wanted to ask the courts to modify his visiting rights because he violated them so much!
In the meantime, I have been awarded full custody. The court ordered that we complete parenting classes and then the judge will issue his final ruling in September. Isn't there any law that recognizes me as the primary custodian? Why should the father be able to use the courts to continue to harass me and control what I do?
I also have a daughter, and when this fact emerged during the hearing,the judge stated that he needed compelling evidence to split siblings. He did not receive the compelling evidence and yet I am still forced to stay in the county until the judge makes his decision in September--which will happen after we complete the classes. We went to court on April and the parenting classes were full so I have to wait until July to begin them.
Even though I have been primary custodian for over 10 years, don't I have any rights?
I feel that I have done nothing wrong and that the father of my son has used the courts to continue to harass me. Do I have any recourse at the moment? Can this case drag on because my son's father refuses to compromise on anything? Also, can I still motion to modify his visiting rights because he is in violation of the rules?
 
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You have rights here, so does Dad. Dad does not have to agree to the move and you both obviously have different opinions on what is in the childs best interest.

You moving an hour away is going to affect his visitation. It is more than fair that you drive half way, you should offer to drive all the way if Dad will stop fighting you on it.

Why are you wanting to modify visitation? I can tell you if you do that, you probably will come across as wanting to take the child away from the father. If you are granted the move, Dad will likely see the child less anyways. It is unclear by your post what rules he is violating. I say, don't rock the boat unless absolutely necessary.
What state are you in?
 
I am in California. My son's father does not want to compromise at all. Yes, I am willing to drive my son all the way. Your right, I won't push the visiting violations ie. he brings him late all the time because I realize that it will be used against me. My concern is that my children live in a better environment.
My lease will be up and I wanted to know whether I could move to another county while my son is with his father this summer. I plan to make arrangements to live in the county that I do now when my son returns, which is a month before the final hearing to determine if I will retain full custody. Is this possible? I want to make sure that I am not violating the court order-the judge said that I could move anywhere but that my son couldn't.
 
You will have to prove to the court that it is in your kid's best interest to be further away from his father.

Can you do that?
 
I still have to prove this when is only an hour away? My son's father had the opportunity to see him more often but in the end he said that it wouldn't work out. If my son is going to be seeing him at the same intervals in this new countyhow is moving detrimental? If a father doesn't make an effort to see his son more often in the same county, why can he later argue that my moving will deprive him of this opportunity?
 
I'm not an attorney, but the judge is the only one that can make the decision. Talk to your attorney and see if the hearing can be reset for earlier than September...waiting is the wost part.
 
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