custody and relocation

[beston24]

I will be starting divorce action soon. My husand and I have had brief conversations about custody. He travels 3-4 weeks per month out of the country, with occasional weeks and/or at home. There is no question that I will have primary custody. He has stated that he does not want to commit to a visitation schedule, he'll just see them when he can. He has stated he does not want to commit to a house or apartment large enough for overnight stays, just will have them during the day. He has said he doesn't want to commit to an entire weekend when he is here, as he usually 'has so many other things to do'. The kids are 12 and 14.

I want to move out of the state so we can be closer to my family. If he is unwilling to share custody, even have a diminished partial custody role, will he still have the right to contest my move? Or, I guess I'm asking if in this situation, he will have much influence. I'm not sure he will contest, but think he will. I don't want to start a battle I am sure to lose.

I am wondering what his rights are if he does not want to commit to any visits or partial custody.

Thank you for any insight you can provide.

 

[army judge]

I'm doubtful, based on what you have revealed, that dad will try to thwart you.

However, if you move, it'll delay your divorce.

You see, most states have residency requirements, before you can even file for divorce.

Then there's the issue of the state's authority to preside over child custody matters.

If getting a divorce can wait, then none of the above matters.

If getting the divorce is important (as well as custody), then it does matter.

I suggest you visit an attorney in your area.

The initial consultation is often free, so ask when you make your appointment.

In fact, I suggest you visit with at least three attorneys before deciding how to proceed.

You must be comfortable with the attorney you select.

These visits also allow you to ask questions and assist you in making your decision.

If your move is to be with family, to support you as you go through this difficult time, take a visit before you leap.

That way you can visit with three attorneys in the new state before deciding.

Take your time and do what is best for you and your kids.

As long as domestic violence isn't an issue, slow down!!!!

 

[archard21]

It looks like he doesn't want too much responsibility in the first place, why should he contest you moving out of state?

 

[disagreeable]

Yes, he may contest it. He does want to have visitation, your moving would prohibit that.

 

[Proserpina]

If Dad is out of the country even 3 weeks out of the month, the courts cannot realistically prevent Mom from relocating out of State.

Dad has even less chance of successfully contesting if he's unwilling or unable to be the custodial parent - in fact, that virtually guarantees Mom's success.