Custody: Alternating School Years from state to state?

[heywood7]

Last June my wife and I divorced. We have one daughter together (7) and she has one son from a previous relationship (11). Prior to the divorce (April) she relocated to Alaska from our home in Colorado, but we agreed that our daughter would remain with me in CO during the school year and have summer and holiday visitation with her mother in AK. This arrangement was part of our separation agreement.

It is now six months later and my ex wants to alternate custody from year to year. I think it's unfortunate that my daughter gets so little time with her mother and half-brother, but I think alternating custody on a yearly basis would be terribly detrimental to her stability and well-being. My question is, how likely is it that the courts would grant such an arrangement? The current arrangement seems to be working quite well. Would they change it now?

The following is true for the current situation:
-My daughter has continued to thrive in school during this period.
-My daughter has lived in CO for the last 4 years (3 in our current house)
-She has grandparents, aunts, uncles and cousins close by (within 10 minutes) whom she frequently visits.
-She has many friends
-I work from home. This allows her to come directly home after school.

Are there any other cases that relate to this? Your feedback is greatly appreciated!
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[Antigone]

Last June my wife and I divorced. We have one daughter together (7) and she has one son from a previous relationship (11). Prior to the divorce (April) she relocated to Alaska from our home in Colorado, but we agreed that our daughter would remain with me in CO during the school year and have summer and holiday visitation with her mother in AK. This arrangement was part of our separation agreement.

It is now six months later and my ex wants to alternate custody from year to year. I think it's unfortunate that my daughter gets so little time with her mother and half-brother, but I think alternating custody on a yearly basis would be terribly detrimental to her stability and well-being. My question is, how likely is it that the courts would grant such an arrangement? The current arrangement seems to be working quite well. Would they change it now?

The following is true for the current situation:
-My daughter has continued to thrive in school during this period.
-My daughter has lived in CO for the last 4 years (3 in our current house)
-She has grandparents, aunts, uncles and cousins close by (within 10 minutes) whom she frequently visits.
-She has many friends
-I work from home. This allows her to come directly home after school.

Are there any other cases that relate to this? Your feedback is greatly appreciated!
[/LIST]

Heywood,

I think it is a ridiculously selfish idea for your ex to suggest that your daughter be passed around like a baton from year to year. I can't see any judge stipulating to that type of arrangement.

I would say that the arrangement you have now fosters your daughter's relationship with her mother as best as it can. Remember it is she who relocated.

You would be hurting your daughter by agreeing to this type of arrangement. Your arrangement now looks great ~ She is lucky to have a dad like you.

 

[Gail_in_Georgia]

Courts are going to look out for the best interest of the innocent party in all of this; the child.

Frankly, I can't see them granting a judgement that a child has to be uprooted every year to live with another parent, especially when one parent made the decision to move so far away.

Gail

 

[heywood7]

Gail & Antigone,

Thank you both for your words of support! If you happen to find any cases that parallel this scenario (or something similar) then I would be most grateful if you would post it here.

Heywood

 

[Duranie]

No very unlikely a court will agree to this, having the child change schools every year makes no sense not to mention credits may not even transfer. Hopefully you have custody on paper.