Joint Custody, Mother wanting to move away, help**************...

[Skwirl23]

What is the name of your state (only U.S. law)? KY

I am divorced with an 11 year old and an 8 year old. I have joint custody with thier mother, and in our original divorce agreement, don't pay any child support. Thier mother lost her job last week. She found another job about 100 miles away in Cincinnati, OH.

She tells me that she wants to take the kids. However, there were plenty of jobs in Louisville, KY ( where we live ) that she could have taken, but she chose to accept this position in Ohio.

Does she have any leg to stand on trying to take me back to court to get custody of the kids? No history of domestic abuse. I carry the kids health insurance and we split all cost evenly down the middle on every other cost of raising the children.

Thanks in advance

 

[LdiJ]

What is the name of your state (only U.S. law)? KY

I am divorced with an 11 year old and an 8 year old. I have joint custody with thier mother, and in our original divorce agreement, don't pay any child support. Thier mother lost her job last week. She found another job about 100 miles away in Cincinnati, OH.

She tells me that she wants to take the kids. However, there were plenty of jobs in Louisville, KY ( where we live ) that she could have taken, but she chose to accept this position in Ohio.

Does she have any leg to stand on trying to take me back to court to get custody of the kids? No history of domestic abuse. I carry the kids health insurance and we split all cost evenly down the middle on every other cost of raising the children.

Thanks in advance

With this economy you cannot catagorically state that there were plenty of jobs in Louisville that she could have taken...unless she is in a field where there are absolutely jobs available.

Nevertheless, if you have a 50/50 timeshare, it would be nearly impossible for her to win the right to relocate the children to Cincinnati if you properly object in court.

 

[Ronin]

You did not state whether you are actually in a 50/50 timeshare situation where the children spend at least half their time with you. As children get older, it becomes increasingly more difficult and impractical to maintain a 50/50 living arrangement, unless both parents live very close together and are reasonably cooperative with each other.

If equal time was the original intent, but it evolved into one parent having the child most of the time, the parent with greater physical possession would have an advantage if they went back to court to modify custody so they are designated as the custodial parent and receive child support.

100 miles is not that far apart these days, and I am not aware of any legal presumption the relocating parent is less fit or less likely to be designated the primary custodial parent. While I would not go as far as suggesting it would be nearly impossible for the mother to be allowed to relocate as the custodial parent, it will not be easy.

It would all depend on a lot of facts that are not available here. However, it appears this move is by choice rather than a compelling necessity, which is in your favor.

But by properly and aggressively objecting to the relocation in court, it is likely you could make such a move for her more trouble than it is worth.

 

[Skwirl23]

We have joint custody. 14 days a month at my house, 14 days a month at her house, and the other 2/3 spent at a grandparents house.

When i say there are jobs in louisville, she is a pharmacist. Her very same company is offering retail pharmacy jobs, she is choosing to take a very high paying position in Cincy within ***** in thier corporate offices.

We have joint custody in every aspect. We split billz down the middle down to the penny ( she is june cleaver in that aspect )

 

[BL]

Is the court order also Joint Legal ?

If so , it gives you even more protection from the other parent intending and taking the child(ren) out of State permanently ,without your written consent , or a court's approval .

 

[Skwirl23]

Yes, the court order is joint legal.

 

[Ronin]

It's best to avoid being too specific on some kinds of possibly identifying information, and it should probably be edited out...

On the face of it, it appears you have an advantage in challenging a relocation. However, its hard to argue working a higher paying job in corporate beats the heck out of working behind the counter in a retail pharmacy, which is one argument for a better job and standard of living. One hundred miles is also not that far.

As these things go, there are rarely any guarantees one way or the other. If she insists on relocating, it may boil down to who is better suited to take on the children full time.

Unless you can convince her otherwise, all you can do is just wait and see how things play out, and touch base with an attorney in the meantime so that you will be ready to respond accordingly.

 

[profmum]

It's best to avoid being too specific on some kinds of possibly identifying information, and it should probably be edited out...

On the face of it, it appears you have an advantage in challenging a relocation. However, its hard to argue working a higher paying job in corporate beats the heck out of working behind the counter in a retail pharmacy, which is one argument for a better job and standard of living. One hundred miles is also not that far.

The mean salary for a pharmacist "working behind a counter" is $120 K, higher paying may be hard to argue.


The mean salary for a retail pharmacists "working behind a counter" is $120 K
As these things go, there are rarely any guarantees one way or the other. If she insists on relocating, it may boil down to who is better suited to take on the children full time.

Agreed

 

[Ronin]

Everything being equal, the courts are still inclined to favor the mother.

So, if on top of that mom earns a lot more than dad, has strong legal representation, and is preparing to request modification of custody to name dad as NCP, and furthermore she be allowed to move 100 miles away, that could be a problem for dad.

As dad, I would not even begin to feel comfortable mom will not prevail, and would be scrambling to find the best legal representation I could afford.

 

[BL]

Yes, the court order is joint legal.

If the court order does really state Joint legal ,

Most every State has (civil and criminal ) laws against the removal of the children from the ordering State
with the intent to permanently remove them , without the other parent's written consent , or the court order
of approval .

Each State may use a different term .

Custodial Interference .

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[Zigner]

Everything being equal, the courts are still inclined to favor the mother.

Oh puhlease! Come to the 21st. century with the rest of us Ronin.

 

[Ronin]

Everything being equal, the courts are still inclined to favor the mother (as CP).

Oh puhlease! Come to the 21st. century with the rest of us Ronin.

You're kidding, right?