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Moving out of state and keeping custody

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SouthEagle

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

Hello all. I am hoping I can get some objective advice on a situation.

Mom and dad split up, and shared custody back in 2008. Mom moved out of state and agreed to dad being primary. Mom has very generous visitation of around 150 overnights. She is current on child support.

Dad, while being a great father, struggled with being the primary caregiver to 3 girls and agreed to the kids staying with maternal grandmother, who lives 5 minutes away from him. He sees the kids daily but Grandma provides the actual daily feeding, care, etc.

Mom has made it very clear that she would like custody of the kids but dad does not feel this is best. The only thing mom can say is that she does make more money and they have their own room, and the older girls would probably express a desire to live with her if asked, but only because they feel that they are missing out on having a "mom" around full time. Dad's lawyer does not feel that she has a significant change of circumstances.

Dad is now making plans to move to Florida to live closer to his own mother. He plans to have the same arrangement/set up with his mother that maternal grandmother exercises. Mom and Grandma have voiced serious objections. The move would put the kids in better schools and give dad more job opportunities (he is a teacher). There is nothing in the custody agreement about dad being prohibited from moving and his lawyer says he is fine to move and just has to notify mom.

Also, there is a morality clause in the custody agreement stating no unrelated sleep overs. Grandma is not married and has been cohabitating for a decade. Mom is currently getting ready to get married for a THIRD time just so she can live with her boyfriend and still see the kids. Dad has not even dated anyone. Maternal grandmother is married.


The question is: do mom and Grandma have grounds to object to this move?

Do mom or grandma actually have any standing to seek primary custody themselves?

Can dad get his child support increased if he moves away on the basis that mom will no longer be visiting as much or contributing through grandma? Dad agreed to child support calculations being based off moms after tax income before.

Thank you very much for your time.
 


Silverplum

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

Hello all. I am hoping I can get some objective advice on a situation.

Mom and dad split up, and shared custody back in 2008. Mom moved out of state and agreed to dad being primary. Mom has very generous visitation of around 150 overnights. She is current on child support.

Dad, while being a great father, struggled with being the primary caregiver to 3 girls and agreed to the kids staying with maternal grandmother, who lives 5 minutes away from him. He sees the kids daily but Grandma provides the actual daily feeding, care, etc.

Mom has made it very clear that she would like custody of the kids but dad does not feel this is best. The only thing mom can say is that she does make more money and they have their own room, and the older girls would probably express a desire to live with her if asked, but only because they feel that they are missing out on having a "mom" around full time. Dad's lawyer does not feel that she has a significant change of circumstances.

Dad is now making plans to move to Florida to live closer to his own mother. He plans to have the same arrangement/set up with his mother that maternal grandmother exercises. Mom and Grandma have voiced serious objections. The move would put the kids in better schools and give dad more job opportunities (he is a teacher). There is nothing in the custody agreement about dad being prohibited from moving and his lawyer says he is fine to move and just has to notify mom.

Also, there is a morality clause in the custody agreement stating no unrelated sleep overs. Grandma is not married and has been cohabitating for a decade. Mom is currently getting ready to get married for a THIRD time just so she can live with her boyfriend and still see the kids. Dad has not even dated anyone. Maternal grandmother is married.


The question is: do mom and Grandma have grounds to object to this move?

Do mom or grandma actually have any standing to seek primary custody themselves?

Can dad get his child support increased if he moves away on the basis that mom will no longer be visiting as much or contributing through grandma? Dad agreed to child support calculations being based off moms after tax income before.

Thank you very much for your time.
We very much prefer to deal directly with one of the parties, not with a third party. Have Mom or Dad or Grandma or whoever has the legal problem sign up and discuss his/her problem. We also do not answer hypotheticals.

Thanks for understanding.
 

SouthEagle

Junior Member
We very much prefer to deal directly with one of the parties, not with a third party. Have Mom or Dad or Grandma or whoever has the legal problem sign up and discuss his/her problem. We also do not answer hypotheticals.

Thanks for understanding.
I am Grandma.
 

CJane

Senior Member
Which grandma?

It's bothersome that Father has not actually been acting as primary custodian for years, but has been receiving child support for the children. It's also bothersome that he has no intention of being primary custodian once he moves.

If Mom files for a mod? I think she's got a decent shot, with ONLY the facts provided.
 

Zigner

Senior Member, Non-Attorney
Which grandma?

It's bothersome that Father has not actually been acting as primary custodian for years, but has been receiving child support for the children. It's also bothersome that he has no intention of being primary custodian once he moves.

If Mom files for a mod? I think she's got a decent shot, with ONLY the facts provided.
This is the maternal grandmother.
 

SouthEagle

Junior Member
At present, you have no standing.

Have one of the parents log on please.
That is mainly what I wanted to know. I have spoken to a lawyer who is confident that I can get custody if we just give him lots of money--which is why I am doing my own research.

My daughter does not not hold out any hope but I was hoping to find a way to help all of them.

The children love both of their parents very much.
 

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