Q: The father and I have 50/50 custody, but I want full custody. Am I able to go back to my case and request that change?
My family and I are planning to move next year to the east side of our town. The father lives in New Mexico, making it a very long drive that our daughter would have to suffer through once a week for visitation; she's only three years old. He can't afford to put her in daycare and struggles to maintain her school schedule. I think it is in everyone's best interest that she is with me full-time.
A:
This is a typical “bread & butter” custody case. You can file a motion to modify your custody arrangement with the court. Whether the court will grant your request will depend on all of the facts and circumstances shown by the evidence presented in your case.
You should consult a family lawyer who practices in the county where you live. That lawyer should be familiar with the predilections of the judge who will hear your case.
These are common cases which should be able to be resolved in less than two years with legal expenses under $50,000 as long as there are not unusual complications encountered.
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