Q: Should I wait to file motion for full custody?
Have been divorced for 6 years, my ex and I share custody of 3 children. (17,15 13). A month ago he informed me he had applied for a new job in California. He found out he got the job and has accepted the offer and will be relocating to California as of 3/10/22. I want to file for full custody, change in parenting time and change in custody. Should I wait until he physically leaves the state to file my motion.
A: You might as well. I assume he has no plans to relocate with the children, as it would be he who would need to file a motion for change of domicile.
A: Let's explore this in a most cost effective way first: have you checked with your ex if he is willing to agree to an alternate custody order? Keep in mind that your latest court order likely requires him to seek court permission before moving out of state. That may give you some bargaining power to get an amended custody order. Although you should hire an attorney to have the amended custody order drafted, an agreed upon order will save you a lot of money compared to filing a motion for change of custody. Good luck!
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