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split custody to full custody rights

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fldaddy71

Junior Member
What is the name of your state? Florida

I am in dire need of some advice/answers here.I am a father of one with split custody.I have a 8 yr old daughter that has lived in the same town in florida all her life. Recently, my x-wife told me that she was planning to move to OHIO and if we could work out something to where I only have her in the summers...and if we could'nt she was going to go for full custody.Obviously,I do NOT want my daughter to move that far,for I look forward to the 3 days a week I've had her for the last 6yrs.Now,my daughter has been brought up by not only myself and my x,but as well as my mother and my sister.My x has no family here,never has been a part of any of my x's relatives(which is only her mother)and her reasoning to move to OHIO is to be closer to a mother that had left her when she was 7,and that her husband can make more money up there.

My question is, is it possible that the courts would grant her full custody(considering that we have been at split custody since our seperation,and that i am NOT a unfit parent)....And if so,would she be able to leave the state?
 
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Ohiogal

Queen Bee
fldaddy71 said:
What is the name of your state? Florida

I am in dire need of some advice/answers here.I am a father of one with split custody.I have a 8 yr old daughter that has lived in the same town in florida all her life. Recently, my x-wife told me that she was planning to move to OHIO and if we could work out something to where I only have her in the summers...and if we could'nt she was going to go for full custody.Obviously,I do NOT want my daughter to move that far,for I look forward to the 3 days a week I've had her for the last 6yrs.Now,my daughter has been brought up by not only myself and my x,but as well as my mother and my sister.My x has no family here,and her reasoning to move to OHIO is to be closer to a mother that had left her when she was 7,and that her husband can make more money up there.

My question is, is it possible that the courts would grant her full custody(considering that we have been at split custody since our seperation,and that i am NOT a unfit parent)....And if so,would she be able to leave the state?
Anything is possible but more likely you would each maintain shared custody with the time rearranged. And yes mom would be able to leave the state. Whether she would be able to take daughter there full time is another story. Are you petitioning for residential custody?
 

fldaddy71

Junior Member
split custody to full custody

No one has been awarded primary residency by the courts when the courts excepted our split custody arrangement.X feels that since they will be making more money there and that she wouldnt have to work(more time home with kids),that the courts will award her custody....and yes,with that full custody(pending if shes even awarded it) that she could move up there.Now,even if she was awarded,wouldnt she need to stay near by due to visitation?I mean,here we have a 8yr old girl that has seen her daddy 3-4 days a week for the last 6yrs and nearby relatives..to going to not seeing anyone shes been brought up by.Im only fighting if she decides to move.We have talked civilly today about it,and she may reconsider fighting it.But,im still curious if the courts would actually awarded her this full custody in these situations.
 

tigger22472

Senior Member
fldaddy71 said:
No one has been awarded primary residency by the courts when the courts excepted our split custody arrangement.X feels that since they will be making more money there and that she wouldnt have to work(more time home with kids),that the courts will award her custody....and yes,with that full custody(pending if shes even awarded it) that she could move up there.Now,even if she was awarded,wouldnt she need to stay near by due to visitation?I mean,here we have a 8yr old girl that has seen her daddy 3-4 days a week for the last 6yrs and nearby relatives..to going to not seeing anyone shes been brought up by.Im only fighting if she decides to move.We have talked civilly today about it,and she may reconsider fighting it.But,im still curious if the courts would actually awarded her this full custody in these situations.
That is totally up to the judge. Even with full custody she would need to petition to have visitation modified because obviously the schedule you have now wouldn't work with that distance. It's possible that she could get custody, petition to move and it be granted and you be 'awarded' summer vacations and long school breaks... but no one here can tell you that for sure.
 

Gracie3787

Senior Member
fldaddy71 said:
What is the name of your state? Florida

I am in dire need of some advice/answers here.I am a father of one with split custody.I have a 8 yr old daughter that has lived in the same town in florida all her life. Recently, my x-wife told me that she was planning to move to OHIO and if we could work out something to where I only have her in the summers...and if we could'nt she was going to go for full custody.Obviously,I do NOT want my daughter to move that far,for I look forward to the 3 days a week I've had her for the last 6yrs.Now,my daughter has been brought up by not only myself and my x,but as well as my mother and my sister.My x has no family here,never has been a part of any of my x's relatives(which is only her mother)and her reasoning to move to OHIO is to be closer to a mother that had left her when she was 7,and that her husband can make more money up there.

My question is, is it possible that the courts would grant her full custody(considering that we have been at split custody since our seperation,and that i am NOT a unfit parent)....And if so,would she be able to leave the state?
Before she can move your child out of state, she will have to prove to the court that the move is in the child's best interests. Since you have split custody and have been very involved in your daughter's day to day life, it will be very difficult (but not impossible) for your ex to prove that seperating father and daughter is in the child's best interests.

Anything that your ex files, simply contest it based on it not being in child's best interests. The burden of proof will be on your ex.;)
 

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