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Chances of out of state move with Joint Custody

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joneshannsen

Junior Member
What is the name of your state (only U.S. law)? KANSAS

My ex and I have joint 50/50 legal and residential custody with no one specified as having physical custody. I live in KS, and my ex has moved about 20 miles away into MO with his new wife. The closest thing I have to indicate any kind of agreement that my son should be where I live during the school years is a clause in the decree that states:

"The parents further agree that for school and daycare purposes, the child's address shall be the mother's address"

I am in a relationship with someone I have known for 25 years who resides in IL where we both grew up and we would like to eventually get married and be together and have a child of our own. He owns his home which is paid off, has a job he has been at for 14 years, his vehicles are paid off, and he is very stable. We both have a lot of family and friends there for support.

I have literally no support in times of crisis here. My closest relative is 4 hours away. My only tie to KS is my son. I have only a few friends here. I have several family members in IL/WI and a plethora of friends in that area. I have a full time job; however, I am living month to month and even that requires that I have a room mate. Moving to IL would give me much more stability and security. If I were to lose my job here, there is no way I could support myself and my son.

My question is: What is the likelihood that a judge would allow me to move out of state to eventually get married, have extensive support from family and friends, and keep my son during the school year? I would offer my ex custody during the summer, on holidays/school vacations, and on long weekends when my son does not have school. I would like to give him as liberal visitation as possible; however, I do want my son to reside with me during the school year and I would take responsibility for school expenses.

I believe that my ex will not agree to my move, this is why I would like to know the likelihood that a judge would agree to my proposition.

Thank you in advance for any and all information you can provide!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? KANSAS

My ex and I have joint 50/50 legal and residential custody with no one specified as having physical custody. I live in KS, and my ex has moved about 20 miles away into MO with his new wife. The closest thing I have to indicate any kind of agreement that my son should be where I live during the school years is a clause in the decree that states:

"The parents further agree that for school and daycare purposes, the child's address shall be the mother's address"

I am in a relationship with someone I have known for 25 years who resides in IL where we both grew up and we would like to eventually get married and be together and have a child of our own. He owns his home which is paid off, has a job he has been at for 14 years, his vehicles are paid off, and he is very stable. We both have a lot of family and friends there for support.

I have literally no support in times of crisis here. My closest relative is 4 hours away. My only tie to KS is my son. I have only a few friends here. I have several family members in IL/WI and a plethora of friends in that area. I have a full time job; however, I am living month to month and even that requires that I have a room mate. Moving to IL would give me much more stability and security. If I were to lose my job here, there is no way I could support myself and my son.

My question is: What is the likelihood that a judge would allow me to move out of state to eventually get married, have extensive support from family and friends, and keep my son during the school year? I would offer my ex custody during the summer, on holidays/school vacations, and on long weekends when my son does not have school. I would like to give him as liberal visitation as possible; however, I do want my son to reside with me during the school year and I would take responsibility for school expenses.

I believe that my ex will not agree to my move, this is why I would like to know the likelihood that a judge would agree to my proposition.

Thank you in advance for any and all information you can provide!
The odds are absolutely NOT in your favor...not when the timeshare has been 50/50. The only thing that gives you even the slightest glimmer of hope is that your child would not be able to remain in the same community and school, becasue dad moved to MO. (albiet only 20 miles away) However that is only a very slight glimmer, because again, dad only moved 20 miles away.

Your only real hope is to convince dad to agree.
 

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