Full Custody?

Question

My daugthers' mother and I share joint physical custody of our 5 year old twins. We were never married. She recently told me that she wants to move far (wouldn't tell me where) away. Obviously, the court order says she cannot do so while taking the girls without going back to court. However, she told me she wants to move and establish herself first and then come back and get the girls. Assuming that she is gone for about 6 months, what are the chances that any court would allow her to take the girls? If I am able to maintain a stable and loving environment for them while she is gone, will the court side with me in case we go to a full custody hearing?

Answer 1

Since you have joint custody and visitation the mother can not move the children. However, in some rare cases the courts may allow her to move the kids, but some sort of visitation agreement must be made. Such as, you have the kids during the summer months and she has them throughout the school year… But I think in your case the court will side with you since the mother has no job, no house ..nothing.. in the new town.

. It sounds more like she is trying to keep you from seeing your kids. The court will not tolerate her behavior. .

The best thing to do is talk to your lawyer.

Answer 2

I suggest that you look in the yellow pages and find the names of family lawyers that deal with custody issues. Most of them offer free consultations and some will do these over the phone. Gather as much info as you can this way(no cost), then you can make a more informed decision as to what to do. Also you can decide which lawyer you would be most comfortable with, as I'm sure you will need one. Good luck to you.

Answer 3

Talk to your lawyer about this.

I would think the court would side with you but these days you never know....so be prepared by having your lawyer involved with all the details beforehand.