How would child custody play out in this scenario

Missdye

New Member
Jurisdiction
California
Me and my ex husband separated in 2012 and my son is now 5. I'm not looking to rip my son away from his dad or strike for full custody even though most want that. I've moved on and I am in love with someone and we've been together 5 years. I am newly pregnant and Engaged. The only thing I am wondering on is how would 50% custody play out since my fiancé lives in Michigan and I would like to move there. Me and my ex never went to court for custody so there is no legal custody in play as of yet. Mainly because my ex didn't want the government taxing the child support. The cost of living in california is hard on me but it's even more harder on my ex since he originally left me for another woman and now has two babies with her on a very low 1 person income. My guy owns his house in Michigan and the income tax there is 4% opposed to California's 13%. Even though California minimum wage is more it still comes out to Michigan makes more money due to taxes and living expense is lower. A 4 bedroom house there is less than $200,000. So I am wondering with me now being engaged and pregnant would I be allowed 50% custody and move? If this move happened it would make me the more financially stable parent. My ex wouldn't be able to support 3 kids and a wife the majority of the time which is why now I have him during the week since that's the only way he can afford it. I don't feel I should give up my happiness and love of my life due to my ex. He left me for his happiness and I feel I deserve it too. I recently told my ex that things have gotten a little more serious and I explained what happened and anytime I have a conversation about moving even if it's an hour away I just get threats and him screaming at me. Then I get the threat that I'll lose because his family is rich. I just would like to know what a judge would say in my situation about 50% custody and me moving to Michigan to be with my fiancé and soon to be father of my unborn child. Moving there would actually be a great thing for my son. He loves and plays ice hockey and I can be more financially stable to better his life. Any help would be appreciated. Thank you.
 
You need to discuss this with a lawyer.

However, if a parent takes a child to another state, that parent is usually required to pay the cost of the child traveling back and forth.

Your situation has a wrinkle.

There are no existing custody or child support orders.

Before you jump into a puddle of poo, you must discuss this with an attorney.

Free legal information is useless, as your situation is far too complex and unique.
 
Are you even divorced? You mention separation but also not having gone to court and not having any sort of legal custody agreement, which would certainly be part of a divorce involving a child.
 
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