child custody issues

[smcarll]

i am a single mother. my son is 3 and i filed for custody 2 months ago. my son has lived with me his whole life. now his father wants to try and get joint legal and physical custody. i am willing to go for joint legal custody as well as adhere to whatever visitation he proposes as long as its reasonable but what are my chances of getting sole physical custody of my son and is this necessary if i want to move him out of the state since my fiance is in the military.

 

[Proserpina]

i am a single mother. my son is 3 and i filed for custody 2 months ago. my son has lived with me his whole life. now his father wants to try and get joint legal and physical custody. i am willing to go for joint legal custody as well as adhere to whatever visitation he proposes as long as its reasonable but what are my chances of getting sole physical custody of my son and is this necessary if i want to move him out of the state since my fiance is in the military.

If Dad exercises regular visitation you will have something of an uphill battle on your hands if you wish to relocate kiddo out of state in the future (unless Dad agrees of course).

Sole (primary) physical custody does not mean you can just relocate kiddo out of state without Dad's say-so; either Dad gives permission, or you'll have to convince the court that the move is in the child's best interest (not yours or your fiance's).

The best way to do this - honestly - is to offer Dad VERY generous long-distance visitation and offer to pay ALL of the transportation costs, should it come time to move.

 

[jharris352]

By the way, live in "fiancée" is not a legal status. You are either married or not married when the law looks at it. A promise to marry doesn't carry any weight in Court. So the idea that the Court will let you move the child out of the jurisdiction because you are a live in with a guy who has promised to marry you and is in the military is not going to fly.

 

[Duranie]

Sole custody does NOT mean you get to relocate out of state. regardless of what custody you get, you still need permission from the Dad or the courts to move AND you need to prove it is in the kids best interest and not yours.