• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is my lawyer telling the truth?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

chevy1

Guest
The mother of my 4 year old child is planning to move out of state. We have joint physical custody, with primary residence to the mother.
I see my child 3.5 days every week and I received 50 percent custody 5 months ago.
I live in a house where my child has her own room and a big back yard to play in vs. the mother lives in an apartment next to a busy street, not the best place for a child to grow up.
Her reason for moving is that her expenses will go down and that she will live closer to her mother who works full time (my child will be in a full-time daycare there, vs. now she only spends one or two days a week in a daycare).
The mother will be leaving her job of 8 years to take a lower paying job where she is moving (she claims she will get a job as soon as she gets there).
She also has a older child from a previous broken marriage and claims a judge will not separate my daughter from him.
To me this a clear attempt to frustrate the current visitation schedule.
My lawyer tells me I have a 50/50 shot at preventing a move, considering these facts I would think my chances would be better.
What could be the best and worst possible outcome for me, the father in this situation?
 


LegalBeagle

Senior Member
Your best possible outcome is that a judge awards you full physical custody with her only visitation. Or, refuses to allow her to move and insists on keeping things the same.

The worse *should* be that you get fewer, but longer visitation periods and also paid for travel expenses.


If it were me, I would file for a change in custody and petition to have the child live with me full time.

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top