Joint Custody/Moving out of Marital Home

[katie31]

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

My ex and I have joint custody with him having primary physical custody. We only stated in the agreement that he have primary physical so that he could continue to get housing allowance through the military while he was deployed to another country. I have had them the entire time and have been receiving child support per the agreement stated in the divorce decree. I am now getting remarried and want to be able to move out of the previous marital home and live with my new husband. The ex is threatening that he won't allow me to move with them. We are only going to move 20 miles away. Can he do this?

 

[Isis1]

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

My ex and I have joint custody with him having primary physical custody. We only stated in the agreement that he have primary physical so that he could continue to get housing allowance through the military while he was deployed to another country. I have had them the entire time and have been receiving child support per the agreement stated in the divorce decree. I am now getting remarried and want to be able to move out of the previous marital home and live with my new husband. The ex is threatening that he won't allow me to move with them. We are only going to move 20 miles away. Can he do this?

okay. tab bit lost here. so clear this up for me.

your ex is commiting military fraud?

 

[katie31]

I don't know? He demanded it be put in there. His admin basically told him to

 

[Isis1]

I don't know? He demanded it be put in there. His admin basically told him to

but are the children living with you?

 

[katie31]

Yep, they've been exclusively living with me since he went to Japan by choice almost a year and a half ago. We were still married when he left and subsequently have divorced. Both children are girls and under 7.

 

[Isis1]

Yep, they've been exclusively living with me since he went to Japan by choice almost a year and a half ago. We were still married when he left and subsequently have divorced. Both children are girls and under 7.

pffftt!! if dad was living next door to you, then he'd have cause to complain. being in Japan almost leaves the door open to move to Alaska should you chose to. i think that's actually closer.

the only other thing i can think of, is if dad is planning on moving back from japan in the very near future. as in he already bought a house in the same school district.

but 20 miles....

you need to modify that court order based on status quo of the children living with you.

 

[my life is mine]

He is commiting BAH fraud, what is should be receiving is single BAH plus BAH differential.

Since Dad is in Japan, you can normally move without difficulty.

 

[LdiJ]

He is commiting BAH fraud, what is should be receiving is single BAH plus BAH differential.

Since Dad is in Japan, you can normally move without difficulty.

I agree. However I also think that you should get your butt back to court to get the custody orders changed to you having primary custody.