Moving- How will custody be affected?

[brick1134]

I'm the custodial parent of my 3 yr old son, currently lives about 45 minutes away from my son's father (we live in different counties) with our court case in my county.

I recently got engaged and my boyfriend lives in another county which is about 2 hours away from my son's father. We know we'll have to transfer court case into my new county.

My son's father is responsible for all transportation, and gets my son overnights Sunday- Monday (sunday to tuesday every other week), and a few hours visitation on Wednesdays. We both have joint physical while i have sole legal. My question is how much will this affect my custody case once it is transferred, will it remain the same, or will I be required to do the transportation due to my move?

 

[txls]

Nothing should change unless the father takes exception to the extra distance and requests a hearing to request changes in the orders. 1st you need to make sure your current orders don't have any geographical restrictions on where you can live with your son. Of course instead of going back to court you could volunteer to meet his father halfway for the visits.

 

[brick1134]

Nothing should change unless the father takes exception to the extra distance and requests a hearing to request changes in the orders. 1st you need to make sure your current orders don't have any geographical restrictions on where you can live with your son. Of course instead of going back to court you could volunteer to meet his father halfway for the visits.

No geographical restrictions at all for either one of us. Just normal custody and visitation arrangements, and what the father is responsible to do.

The father is already complaining about the 45 min drive and wants the judge to enforce me to be responsible for all transportations for the father's visitations mainly for the reason that he feels he should not be required since he only has visitations and that it is "unfair". So I suspect he'll try to fight it in court.

Thanks for the quick response, appreciate it.

 

[txls]

I think it would be unfair to expect him to drive two hours each way bearing all of the expense with no participation on your part. But then what I think is unfair, or what he thinks is unfair really doesn't matter. If he brings you back to court, the judge will decide what he/she thinks is fair. Until that happens you can stick to the current orders, or you can offer to assist with the transportation seeing as how the move is all your decision.

 

[brick1134]

I think it would be unfair to expect him to drive two hours each way bearing all of the expense with no participation on your part. But then what I think is unfair, or what he thinks is unfair really doesn't matter. If he brings you back to court, the judge will decide what he/she thinks is fair. Until that happens you can stick to the current orders, or you can offer to assist with the transportation seeing as how the move is all your decision.

Agreed. I think so too, only because my child is my priority and it would only be unfair for my child. I do what it takes to give what my child needs. I have never tried to take my child away from his father. Just a bit tough because his father has this alpha male mindset that women should do all the work and not think of his child as a priority, but rathers to debate on what us parents need to do so one other doesn't have to be as involved as they should be.

I dunno, I'll try to make a move on my part and see if he's willing to part half ways just so my child could see his father and spend time with his father. If no luck, then I'll stick with court orders and let him file then we'll leave it up to the judge.