moving 25 miles...

[mg772000]

I have a 6 year old son whom I share joint custody with his father. His primary residence is with me and I have the final descision making when it comes to education, medical and religion. I want to move about 25 miles from where we are now. Financially it will make a huge difference because I am a full time nursing student. We are moving in with my boyfriend whom I have known for almost 10 years and is a close family friend. He owns the home we are moving to.The school district we are moving to is better than the one we are in now. My son will be going into 2nd grade and I know he will not have a problem adjusting to the new school. He will also have his two cousins there. We have no family where we are now. In my papers I need court approval to move more than 50 miles, and any move must not significantly impair visitation with his father. I want him to see his father as much as he does now, I know he needs him too. But of course he is threatening me with tryng to get custody of our son! Does he have a case? I haven't slept since I told him about the move 2 days ago!

 

[Duranie]

Dad does have the right to dispute the move. Whether this is in the childs best interest is a matter of opinion.

The bottom line is, Dad does have the right to ask for custody. However, I am not sure whether moving 25 miles is going to be a custody deal breaker for you or not. Either way, you are probably going to have to get approval to move through the courts, or discuss this with an attorney.

Be prepared to do all the transportation for visits since you are the one that is moving. Habe you tried to work something out with Dad so that he will not fight you on it? Are you willing to do pickups and drops for visitation?

I would consult with an attorney just to be safe. If the move does not impact Dads visits at all and you are willing to do the driving, you might not have a problem.

 

[Rishiku]

I am not a lawyer this is just my opinion

I am pretty sure that from how you explained it that this seems like a good move (not just for you but for your son as well). I would see your attorney and explain it to him; your husband probably couldn't get custody since you were seen as the more "fit" parent. You might also (depending on the joint custody how it works now) offer up to where he can see his son on more over nights (maybe every weekend or every other weekend Friday - Sunday) it would make it a little better with the drive and see about meeting somewhere half way so that one isn't doing more or have him pick him up from your house and you will pick him up from his house (just try and be fair about it). Your ex-husband is probably just scared that you might be trying to remove him from the picture. You just have to sit down and discuss it (better to have lawyers present just to be safe).