My ex husband and I have shared custody of our two daughters. We've been divorced for 4 years. I'm recently married and my husband is in the Army. We're looking to move to Texas and have provided my ex the 30 day notice. He of course does not want the girls to move...I hear its up to me to show why it's in the best interest of the girls. It's easy, I'm their Mom and they love their Stepdad and the family environment that is in place. My ex and I are both good people and parents...he's now trying to get primary residential custody from me. Any suggestions to how to present this in my favor to the courts.
Residential Custody
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shrinkmaster
Well-Known Member
Yes hire a Lawyer you have an uphill battle. You are trying to take the children from the other parent intentional or not. If you are successful in move being approved (it wont happen in 30 days either) expect Dad to get very extended visits during Holidays and summer vacation. You should have set this up much sooner as I stated its not likely to get its way to court before 30 days and if you go anyhow that will work against you
Proserpina
Moderator
(Which state are you in now, OP? The presumption for/against can differ greatly)
One other thing. "I'm their Mom" is not going to wash, and neither is "They love their Stepdad".
One other thing. "I'm their Mom" is not going to wash, and neither is "They love their Stepdad".
army judge
Super Moderator
One more thing you'll need to know. If dad fights this, and even if you're allowed by the court to take the kiddos to another state, in all likelihood you'll be required to PAY for the transportation costs for the kids to visit dad.
If you have two or more kids, you can sometimes counteroffer to pay day's costs to visit the kids.
Many times, the other parent rejects that, preferring to host the kiddos in his or her home instead.
As suggested, if you are to have a chance, you'll need to hire a lawyer. No way will this be resolved in 30 days, maybe 60 days, often 90 days.
Proserpina
Moderator
If anything, this could take months and months if it's heavily contested - even if the presumption in OP's as-yet-unnamed state is in favor of relocation.
army judge
Super Moderator
If anything, this could take months and months if it's heavily contested - even if the presumption in OP's as-yet-unnamed state is in favor of relocation.
Yes, days become weeks, weeks become months. There's not much easy about these custody issues. It often pays to reach a settlement, BEFORE you go to court. If you can.
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