You are here

50/50 custody and moving

Coco72's picture

Submitted by Coco72 on Thu, 07/12/2018 - 6:11pm

SS11 slipped and said something to DH and I about him moving in 10 days. Right now they have 50/50 custody with a 5/2/2/5 schedule. SS would change school districts, and move almost 60 miles away. 

There is nothing in the CO about moving. Has anyone experienced anything like this? Do you have any suggestions? We plan on consulting a lawyer tomorrow.

thanks

Comments

I love dogs's picture

Submitted by I love dogs on Thu, 07/12/2018 - 9:09pm

How does SS know this? If it's true, why does BM get to decide to change school districts and move an hour away?

Coco72's picture

Submitted by Coco72 on Thu, 07/12/2018 - 9:16pm

SS knows because BM told him, their house is packed up, and he’s been to the new house. So I’m 99.9% sure it’s true. 

I don’t know why she gets to decide? Because she has the “golden Uterus”, and I guess because there’s nothing in the CO stating she can’t. DH doesn’t care where she goes, but there’s no way to continue 50/50 custody if she moves and takes SS, so I don’t know what options DH has. 

ndc's picture

Submitted by ndc on Thu, 07/12/2018 - 10:51pm

I have absolutely no experience with this, but just thinking it through, do you have any idea what SS's preference is?  Would he prefer to stay at his current school and live with you, or does he want to go with his mother?  If you have 50/50 custody with a 5/2/2/5 schedule, I don't see how she can just up and move without violating the court order (as it will be near impossible to follow that schedule with that kind of distance).  Does your court order not require notice of a move?  It seems pretty clear that BM was trying to move without giving you much (if any) notice.

Good luck - I hope you have a great lawyer and get an outcome you're happy with.

justmakingthebest's picture

Submitted by justmakingthebest on Fri, 07/13/2018 - 5:59am

I would start by calling BM out on it ASAP. Then I would head to court and file a motion- MYSELF, no lawyer- to prevent the move out of district. The date filed is what is gone by. If he files today, she hasn't moved yet. Don't sit on this and hmmm and hawww. 

Be prepared that the judge will give you custody and keep the child with you locally becasue they don't like to see kids moved around!!

simifan's picture

Submitted by simifan on Fri, 07/13/2018 - 7:06am

EXH and I had this experience. BM up and moved over 400 miles away. We filed to stop the move and BM was given a choice move back or give up custody. However it was very expensive. It also took like 6 months. 

Peridwen's picture

Submitted by Peridwen on Fri, 07/13/2018 - 9:18am

Depends on your state. In my state, parents may move up to 150 miles without notification needed. The child is still subject to the same custody schedule, and transportation arrangements. It is completely possible to continue 50/50, just inconvenient. School choices are treated separately.

Your DH should check with the current school district to make sure son is enrolled there, then get his behind to a lawyer to talk about the options. He can't stop BM from moving, but he can make sure that Son stays in present school and can request that BM is responsible for the additional transportation.

 

Edit to add: We have the same schedule as you do, but we are the ones who will be moving 30 minutes away. We consulted our lawyer who said as long as we kept the kiddos in the same school district via open enrollment or using BM's address as their primary, there was nothing BM could do to block us. BM might have a case of undue hardship if we moved and tried to change the kids' school district without BM's permission.

Areyou's picture

Submitted by Areyou on Fri, 07/13/2018 - 9:21am

Read your court order first. Then call the school to alert them that child cannot be moved to a new school without both parents authorization. Don’t question BM.