What is the name of your state (only U.S. law)? ID
A few years ago, I relocated and the court awarded me primary joint custody of two of my three children (based on the wishes of the oldest child to remain with his dad). When my employer pulled up stakes and moved to another state, I made the decision to return to the area where my ex lives so that our children would all be together again. Since I moved back a little over two years ago, we have been working together exceptionally well and have both managed to set aside our personal differences (or at least agree to disagree without too much hostility) for the sake of the kids. By way of compromise (remember he was CP of one child and I was CP of two), we now split custody 50/50 and have a parenting agreement that we both signed addressing the issue of visitation. Although we both signed the document, it was never filed with the court.
Here is my question… his wife has been pushing to move out of our area because her son wants to live closer to his dad, and is under the impression that because we now split custody 50/50 the order granting me CP is no longer enforceable. My oldest child is almost 18, so custody of him is no longer an issue, but if they try to move the other two, would the order stand.
Oh – our PA is very specific about where the children will attend school and if he gives in to her an moves, neither of us would live within the district, but I am close enough to keep them there via Open Enrollment – he would not be.
A few years ago, I relocated and the court awarded me primary joint custody of two of my three children (based on the wishes of the oldest child to remain with his dad). When my employer pulled up stakes and moved to another state, I made the decision to return to the area where my ex lives so that our children would all be together again. Since I moved back a little over two years ago, we have been working together exceptionally well and have both managed to set aside our personal differences (or at least agree to disagree without too much hostility) for the sake of the kids. By way of compromise (remember he was CP of one child and I was CP of two), we now split custody 50/50 and have a parenting agreement that we both signed addressing the issue of visitation. Although we both signed the document, it was never filed with the court.
Here is my question… his wife has been pushing to move out of our area because her son wants to live closer to his dad, and is under the impression that because we now split custody 50/50 the order granting me CP is no longer enforceable. My oldest child is almost 18, so custody of him is no longer an issue, but if they try to move the other two, would the order stand.
Oh – our PA is very specific about where the children will attend school and if he gives in to her an moves, neither of us would live within the district, but I am close enough to keep them there via Open Enrollment – he would not be.