Mom Looking for custody advice. Moving Out of State

Your chances are slim to none. I'm sorry Mom - Dad is the primary caregiver, has been for 3 years and even without court orders (which by the way are advised - they protect ALL of you but more importantly, they protect your child), he has status quo on his side. Plus, you're wanting to take kiddo out of state - to live. I cannot see that happening. Primary custody for Dad would be pretty much a slam-dunk.

 

Without an existing order there is absolutely nothing stopping mom from taking the child out of state. Dad might regret not pursuing an order sooner.

 

Hi mightymoose!

Regarding to your answer, is it true that mom still can win custody when she can prove that she is able to take care of her child?
What do you mean about Dad should pursue an order?

 

Are you in the right thread?

 

You're a hoot, madam.

I'm a hoot.

We're a bunch of hoots.

 

It seems like your only definition of "mature adults", is if you get your way, in contrast to what is best for the child.

 

Madam, Proserpina is very knowledgeable in these matters.



I'll defer to her experience surrounding these events, and second her estimate of you receiving that which you seek.

Slim to none, and more none than slim!!!


Happy New Year anyway.

Things can always be improved, and bad situations can be improved!!!

 

"Joint physical" does not equate to a 50/50 timeshare, Mom; it simply means that both parents have some form of physical custody.

You have no chance whatsoever of getting a 50/50 timeshare based upon what you've said here, and here's why:

1. Dad is the primary caregiver and has been for 3 years or more - that means he has status quo and in order for that to change you must show the court that something substantial has changed in the lives of the children.

2. You are out of state. A 50/50 timeshare simply isn't practical. Nor is it (generally) good for the kids.

So to reiterate:

Based upon what you've said here, you have no change of circumstance and hence there's no reason to even get this in front of a judge. If you DO manage to convince the court to hear you, there's a better-than-excellent chance that Dad will officially become the custodial parent and you'll be paying child support with a regular long-distance parenting plan.

 

(I'm honestly curious as to why it seems to be implied that Dad is being unreasonable here - what's he doing wrong exactly? Why should he give up custody based on Mom's whim?)

 

You've answered your question, Pro.

Whim.

Not, whimsical, rather whim.


I want what I want.

Unfortunate, sad, regrettable, etc., etc., etc...