Q: Wife asked for a divorce and said she was moving 90 miles away the same day. 3 year old will be in school in 2 years.
In early August my wife said she wanted a divorce and that she was moving 90 miles away within the week. She applied for a new job about the same time and interviewed the day after she told me she wanted a divorce. 7 days later she moved. There was not even enough time to petition for a divorce. We are trying to work it out amicably and co-petition. There was no abuse/neglect of any kind. We have a 3 year old. We have setup a plan to keep it 50/50 until she starts school but are deadlocked on a parenting plan after that. Both of us have provided primary level care. The new town was only visited by our child a handful of times prior to the move and has at this point only spent a couple of on/off weeks there. I have remained in the only home the child has known and would like to keep it for the child’s sake. Her grandparents aunts and uncles and cousin are in town. The daycare she knows is here well as other hometown factors. What are my rights as a parent in this situation?
A: You have a couple of options here. Depending on how long ago this occurred, you may be able to file a motion for status quo to have the child returned to your custody. The court takes several factors into account when determining custody, hometown factors being one of them. You should contact an attorney to discuss further what options you have concerning custody.
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