My wife has 2 children (7 and 5 years old) with her ex-husband and shares them with Joint Custody. While he was away working, she raised the children from the time they were born until now. When I married my wife, I move to her hometown. During that same phase, the father decides to move back home and get work locally. This worked out fine, because the kids would be able to spend time with their father convienently. Now, my wife and I want to move away. We tried to work out a parenting arrangement with the 2 kids where he keeps them during school and we take them for the summers and vacations or Vice Versa. He told us that he prefers the convienence and says that if we leave, we leave the kids to him full time. My wife and I decided that we are going to file for full custody. We have no desire to restrict accessiblity, but we want the freedon to go if we please. Do you think the courts will rule in favor of the two young kids with the mother?
2007-03-05 12:36:37 · 9 answers · asked by TL 2 in Family & Relationships ➔ Marriage & Divorce
This move will be over international lines. We are currently living in Vancouver BC and are planning to move to Seattle and then to San Diego.
2007-03-05 13:14:43 · update #1
Depends on your area. In mine, custodial parent can move if 3 conditions are meant (significant improvement in life, i.e. way better job with more income); another is that a move does not impair the non-custodial parent's ability to visit, which could be an issue on your part. If you can get the father to agree, it could work out. What would make him agree? Offer to pay his travel once per month on weekend to see the kids, offer to have kids stay with him 2 months in the summer plus holidays,etc. etc. I'd start with asking the father, might not be comfortable, but he might be willing to work something out. Be sensitive to his viewing your move as possibly severely limiting his ability to be a father to his own children. Best of luck to you
2007-03-05 13:21:24 · answer #1 · answered by J D Jr. 2 · 0⤊ 0⤋
In general, with kids this age, the fact that your wife and you have raised them and done so well, have allowed the father access and tried to find ways to negotiate the move, it is highly unlikely the court would grant custody to the father. You should know that in most divorce cases, if the custodial parent (or the parent who has custody the majority of the time) wishes to move more than a certain distance away, and always when the move is out of state or the country, you are required to go back to court to adjust the custody and visitation. This should be done irregardless of state rules when the move requires the child to be transported over state lines and/or international borders.
2007-03-05 12:59:21 · answer #2 · answered by Annie 6 · 0⤊ 0⤋
The judge probably won't grant her full custody, unless she shows that he has not played an active role in their lives...which is not the case. Furthermore, the judge will not allow you to move out of the state is there is a custody order/battle. You guys would be better off working something out on your own. But if you try to leave, he can take you to court and file for partial or full custody. My cousin just got full custody of his son, so it all depends on the situation. There is a 50/50 chance.
2007-03-05 13:09:54 · answer #3 · answered by Fireanddesir 2 · 0⤊ 0⤋
I am a Child Development major, and I have always been told in classes that judges will usually give custody to the mother. I have heard of the father getting custody, but I think that it really depends on the individual circumstances. I would think that with your wife, both she and you would be supporting the children, and that is something that the court would consider.
2007-03-05 12:51:58 · answer #4 · answered by julieCoolie 2 · 0⤊ 0⤋
If she's a good mom and you're a responsible stepfather... I don't think he has a chance to get full custody.... no matter what he says... kids are better off with mom (most of the time)
Good luck guys... I think you have won already... well... one more thing... you'll have to "share" the holidays, and things like that... hard for everyone, but If you have to move... guess there's no other way.
2007-03-05 12:44:14 · answer #5 · answered by BitterSweet 6 · 0⤊ 0⤋
in opinion i believe that u and ur wife will get full custody of the kids b/c first of all the simple fact that shes the mother, and b/c if they would live with u they would have a "complete" family, mother, father.....
2007-03-05 12:44:48 · answer #6 · answered by Jay 2 · 0⤊ 0⤋
this depends on the state where divorce was filed. is there anything stated in paper work regaring moving? try to find a mediator first, it makes you look better in court and that you are willing to try to work stuff out before including the judge. in most states yes moms. GOOD LUCK
2007-03-05 17:21:13 · answer #7 · answered by varley s 1 · 0⤊ 0⤋
it is harder on the kids to be with the single parent. unless you plan on moving now...most likely the judge won't grant full custody. but if you do, there is no reason why he wouldn't grant her full custody when you do leave. no judge likes leaving kids with a single parent if he doesn't have to.
2007-03-05 12:43:39 · answer #8 · answered by Bella 5 · 0⤊ 0⤋
most of the time the courts will award full custody with the mother, but not all the time though
2007-03-05 12:58:25 · answer #9 · answered by zether 6 · 0⤊ 0⤋