E
ehv360
Guest
sell house & lose joint custody?
We live in Virginia & have been married 3 years. My husband has joint legal & joint physical custody of his 4 children. Their bio mother moved to another school district in 1994 when they were first divorced.
The kids spend a month at a time with each parent but attended public school in my husband's school district where he was awarded the family home. We bought another home together that is large enough to accomodate everyone but is in a different school district where my 3 children have always gone. We decided to make my school district our base because my children were younger & would be in school longer than his.
We have maintained 2 homes so his children could continue at their school. Now, the three oldest are out of the home & off at college but his youngest child is 13. My husband wants to sell his house and have his son switch school districts to the one where my children attend. Financially, this makes the most sense also.
His ex wife, who has never remarried, is threatening to sue for Full custody of the 13 year old and move him to her school district if my husband sells his house.(She lives in a rural district with inferior schools.)
My husband is distraught because the ex-wife is threatening to take away his joint custody status and doesn't seem to care what is best for the son. She always holds the "joint custody" issue over his head and makes unreasonable demands for extra money. He is affraid not to give in to her because she may try to jerk the kids away from him. She always claims "mother's rights are stronger no matter what".
We understand the sale of the house would mean a "change of circumstance" but there would be nothing harmful to the child.
The question is: In Virginia, would the bio-mother be able to win sole custody in this situation? He would have to change school districts with either parent.
We don't want a legal battle, we just want to live a semi reasonable family life. He is still willing to share custody with her and has always paid child support on time. He pays for anything extra for the kids, all college costs, and all medical bills and never complains or asks her to contribute.
Got any advice???
[Edited by ehv360 on 05-04-2001 at 03:46 PM]
We live in Virginia & have been married 3 years. My husband has joint legal & joint physical custody of his 4 children. Their bio mother moved to another school district in 1994 when they were first divorced.
The kids spend a month at a time with each parent but attended public school in my husband's school district where he was awarded the family home. We bought another home together that is large enough to accomodate everyone but is in a different school district where my 3 children have always gone. We decided to make my school district our base because my children were younger & would be in school longer than his.
We have maintained 2 homes so his children could continue at their school. Now, the three oldest are out of the home & off at college but his youngest child is 13. My husband wants to sell his house and have his son switch school districts to the one where my children attend. Financially, this makes the most sense also.
His ex wife, who has never remarried, is threatening to sue for Full custody of the 13 year old and move him to her school district if my husband sells his house.(She lives in a rural district with inferior schools.)
My husband is distraught because the ex-wife is threatening to take away his joint custody status and doesn't seem to care what is best for the son. She always holds the "joint custody" issue over his head and makes unreasonable demands for extra money. He is affraid not to give in to her because she may try to jerk the kids away from him. She always claims "mother's rights are stronger no matter what".
We understand the sale of the house would mean a "change of circumstance" but there would be nothing harmful to the child.
The question is: In Virginia, would the bio-mother be able to win sole custody in this situation? He would have to change school districts with either parent.
We don't want a legal battle, we just want to live a semi reasonable family life. He is still willing to share custody with her and has always paid child support on time. He pays for anything extra for the kids, all college costs, and all medical bills and never complains or asks her to contribute.
Got any advice???
[Edited by ehv360 on 05-04-2001 at 03:46 PM]