Will my kids be allowed to move with me?

[sddad]

What is the name of your state? CA

I currently have split joint custody of my two children ages 7 and 11 with my ex. The kids are on a rotating week-to-week schedule with both of us and this arrangement has been working fine for the last 3 years.

I'm thinking of moving an hour away outside of the current county that we currently live in due to a new job and better housing at the new location. I proposed to my ex that she takes the kids on weekdays and I take them on the weekends so that there are no changes to the kids schedule. She didn't like that at all. Furthermore, the court paper says that I can't move the kids out of the county without her permission or a court permission.

If I do move what are my chances of getting full custody of my kids in court? I would have to take them out of the current school system and disrupt their current schedule at this time. Do I lose custody of my kids if I do that? What are my ex's chances of keeping the kids in their current arrangement? Do I have a chance if we go to court?

Thanks.

 

[Silverplum]

What is the name of your state? CA

I currently have split joint custody of my two children ages 7 and 11 with my ex. The kids are on a rotating week-to-week schedule with both of us and this arrangement has been working fine for the last 3 years.

I'm thinking of moving an hour away outside of the current county that we currently live in due to a new job and better housing at the new location. I proposed to my ex that she takes the kids on weekdays and I take them on the weekends so that there are no changes to the kids schedule. She didn't like that at all. Furthermore, the court paper says that I can't move the kids out of the county without her permission or a court permission.

If I do move what are my chances of getting full custody of my kids in court? I would have to take them out of the current school system and disrupt their current schedule at this time. Do I lose custody of my kids if I do that? What are my ex's chances of keeping the kids in their current arrangement? Do I have a chance if we go to court?

Thanks.

50/50 for everything.

I dunno. We lost the FA Crystal Ball. I think it was dropped while bowling.

No one can estimate chances. I'd guess that you move, you lose.

 

[LdiJ]

What is the name of your state? CA

I currently have split joint custody of my two children ages 7 and 11 with my ex. The kids are on a rotating week-to-week schedule with both of us and this arrangement has been working fine for the last 3 years.

I'm thinking of moving an hour away outside of the current county that we currently live in due to a new job and better housing at the new location. I proposed to my ex that she takes the kids on weekdays and I take them on the weekends so that there are no changes to the kids schedule. She didn't like that at all. Furthermore, the court paper says that I can't move the kids out of the county without her permission or a court permission.

If I do move what are my chances of getting full custody of my kids in court? I would have to take them out of the current school system and disrupt their current schedule at this time. Do I lose custody of my kids if I do that? What are my ex's chances of keeping the kids in their current arrangement? Do I have a chance if we go to court?

Thanks.

If you move there is almost no chance that you could get primary custody of the children. In a 50/50 situation the moving parent almost never is given permission to relocate the children. You have NO chance a full custody, nor does their mother.

A judge also won't give you all the weekends. The children deserve weekend time with both parents.

What's like to happen is that if you move, you will end up with every other weekend, and maybe a midweek visit or two if you are willing to take the visit in mom's community.

Is a new job and possible new house really worth it? It wouldn't be for me.

 

[nextwife]

Is a new job and possible new house really worth it? It wouldn't be for me.

I agree. Some things are more important than more income and a bigger house.

The child's quality of life also is improved by having both their parents near them and involved in their everyday life. That is way more important than more or better stuff. It is far better to stay put near the child's current school, unless you don't mind losing 50/50 custody.

 

[casa]

What is the name of your state? CA

I currently have split joint custody of my two children ages 7 and 11 with my ex. The kids are on a rotating week-to-week schedule with both of us and this arrangement has been working fine for the last 3 years.

I'm thinking of moving an hour away outside of the current county that we currently live in due to a new job and better housing at the new location. I proposed to my ex that she takes the kids on weekdays and I take them on the weekends so that there are no changes to the kids schedule. She didn't like that at all. Furthermore, the court paper says that I can't move the kids out of the county without her permission or a court permission.

If I do move what are my chances of getting full custody of my kids in court? I would have to take them out of the current school system and disrupt their current schedule at this time. Do I lose custody of my kids if I do that? What are my ex's chances of keeping the kids in their current arrangement? Do I have a chance if we go to court?

Thanks.

You will be allowed to move, sure...but you won't get Primary Custody. The courts will favor status quo & not disrupting the children's lives/school, etc.

Since both parents deserve 'off' time or weekend time to travel, visit, etc. you won't get every single weekend. You'll likely end up with just what LdiJ theorized.

The only other alternative to offer her, is you get 1,3,4th weekends & Mom gets
1st & 5th ....it means Mom typically only has one weekend, except in the long months. I don't know if she'll agree to it or not, but some parents do.

 

[sddad]

So if I move I will most likely give up my split and joint custody and my ex will have primary custody then? I will only have visitation rights on every other weekend? In additional, I will have readjust the child support to reflect this as well? Is that the outcome would be most likely?

Are there any conditions that might favor me of having primary custody of kids with me at all? I am just wondering. I know the status quo will change. The kids will have to make new friends and start over but I know they can do it. Would this matter if this was the other way around and the mother is asking to move instead? Courts seem to favor women so would a woman get a different answer than a man?

Thanks.

 

[Silverplum]

So if I move I will most likely give up my split and joint custody and my ex will have primary custody then? I will only have visitation rights on every other weekend? In additional, I will have readjust the child support to reflect this as well? Is that the outcome would be most likely?

Yes.

Are there any conditions that might favor me of having primary custody of kids with me at all?

Mom dies.

I am just wondering. I know the status quo will change. The kids will have to make new friends and start over but I know they can do it. Would this matter if this was the other way around and the mother is asking to move instead?

No.

Courts seem to favor women so would a woman get a different answer than a man?
Thanks.

Same q as before. Same answer: no.

 

[TinkerBelleLuvr]

not really . . . . works both ways

 

[ezmarelda]

So if I move I will most likely give up my split and joint custody and my ex will have primary custody then? I will only have visitation rights on every other weekend? In additional, I will have readjust the child support to reflect this as well? Is that the outcome would be most likely?

Are there any conditions that might favor me of having primary custody of kids with me at all? I am just wondering. I know the status quo will change. The kids will have to make new friends and start over but I know they can do it. Would this matter if this was the other way around and the mother is asking to move instead? Courts seem to favor women so would a woman get a different answer than a man?

Thanks.

Ya'll get the same answer regardless of sex.


edit to add...bested by the SilverStreak and GJ

 

[Silverplum]

Ya'll get the same answer regardless of sex.

Or gender.

 

[ezmarelda]

Or gender.

...i like my way better

 

[Silverplum]

...i like my way better

Who doesn't?

 

[sddad]

Well thanks everyone for shedding some light on this for me.

I was playing devil's advocate and asking this question as if I was the one proposing to move. It is my ex who is contemplating on the move and all the responses confirmed my take on the matter. She is under the idea that being a woman gives her a lot of rights and that she could just move and everything would still the same and that I'm going to agree to losing my weekends with the kids so that she could still have 50/50 split custody.

I guess a man has rights too huh?

Thanks again everyone.

 

[Silverplum]

Well thanks everyone for shedding some light on this for me.

I was playing devil's advocate and asking this question as if I was the one proposing to move. It is my ex who is contemplating on the move and all the responses confirmed my take on the matter. She is under the idea that being a woman gives her a lot of rights and that she could just move and everything would still the same and that I'm going to agree to losing my weekends with the kids so that she could still have 50/50 split custody.

I guess a man has rights too huh?

Thanks again everyone.

Yes, men have rights, too.

Liars, on the other hand, are spurned.

 

[TinkerBelleLuvr]

As a mom who successfully petitioned a move, I had to PROVE that the move bettered the life of the CHILD, besides myself. Of course, it definitely helped that papa was massively behind on child support - cuz I was in major dire straights financially (hint, hint)