Q: Ex moving out of state… ?
My ex husband is wanting to move out of state….over 1000 miles away. Newly remarried. Our daughter is 9 and he wants me to agree to shuffling her back and forth to another state … one month on and off. I politely declined and stated she can stay here with me to provide stability for schooling and that she can visit summers and breaks. They are now wanting to take me to court and saying what they are asking for is reasonable. Our daughter attends school and needs to be in person.They said because I don’t agree with them they should have her for the school year. Our entire lives are here.. support.. church .. school. He’s the one that’s deciding to move. Help!
A:
No judge is going to make a 9-year-old do a one-month on, one-month-off schedule for the very reason you hit on: School. Even when children are not school age, few judges are willing to do month-on, month-off because it's really not in a child's best interests to be living in two far-apart locations.
The most likely outcome here is a long-distance plan. Those look like a few weeks during the summer, a week around Christmas, and either Fall or Spring Break every school year (but generally not both).
Usually, it's the parent who moves away who ends up on the short end of the stick because it was their choice to move away. In other words, they have a real uphill climb if they want to be primary, and 50-50 isn't happening.
That said, this is something to be taken seriously. I'd recommend consulting with an attorney as soon as possible
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.