I have joint custody of my son but I want to move out of state, what are my rights?

[Genia]

My ex-husband and I have joint custody and co-everything of our son. My sons father never takes care of him his mother does. I want to move from WA to MT but he said he would fight me to the end if I decide to move. What kind of rights do I have. Both of our families all live in this town. I want to make the transition as painless as possible and I told him I would do everthing I can to make sure our son gets back here on all vacations and breaks. I have already contacted a lawyer. Any advice would be wonderful.

 

[Grandma B]

You didn't say how old your son is. Is he old enough to have a strong opinion about the move? You ask what rights you have. The answer is you have exactly the same rights as his father.

Does your divorce/parenting plan address the issue of relocation?

You mention making the transition as painless as possible. Since you think that's doable, maybe you should consider how painless it would be to make the transition without your son--that's what you're asking his dad to do.

Your attorney will be filing a request to relocate your minor child, and it sounds like your husband will immediately file a motion to deny your petition. Be prepared. Judges are not receptive to approving relocation without the agreement of the other parent, especially in cases of joint custody, without substantial evidence that the move will be in the child's best interest. The courts feel that it is beneficial to children to have close relationships with both parents.

 

[Ambr]

okay, some things to be aware of.

be VERY respectful to your ex and to the GAL (if one is appointed by the court for your son), also to the judge.
Remember that you are the one asking to relocate, so you will need to be very agreeable to all the things that are suggested.

You don't mention the age of your son, I will assume that he is use to stay overs with dad.

things that will be considered by the court...
the father has jointly raised the child - 50/50, it's your word against his, that he hasn't.
all of your family is there, you will be pulling him away from grandparents, cousins, aunts, uncles, etc...his family unit.

now, the reasons. why do you want to relocate? is it a better job? new love? what are the reasons? they will have to be good to pull the child away from his father.

you should also be prepared to bare the costs of ALL expenses for visitation - after all, it is you that wants to move.

you should be prepared to basically lose your child for the entire summer. because the biggest majority will be spent with his father, along with most holidays when the child is not in school.

you have to offer a visitation schedule that will allow the same - prefer more - time with the father. if he is joint physical and you have a 50/50 split. there is no way possible to match that with holiday and summer visitation.