I am three months from completing the 1 year seperation before filing for divorce with my soon-to-be ex. We have a separation agreement that still needs to have a custody ammendment added but they haven’t been filed with the state. We needed to make changes to the initial agreement because he moved out of state temporarily after being committed. He has mental health challenges that he is not being treated for and was, before our seperation, struggling with a drug addiciton. We are still getting along very civially and I want to maintain that to the best of my ability. While finishing up the custody I would like to have joint legal custody but identifiy myself as the sole physical care giver for our children. First is that possible? I’m not sure on what rights he will have and not have with legal custody but not joint physical. If I feel he is using again will that arrangement allow me to keep him from seeing the children during scheduled visitation? Also, I have recently been given a promotion that could potentially lead me out of state. Would that arrangement (sole physical custody) allow me to take the kids with me without his consent?
I am also dating someone right now, we began seeing each other three or four months into my seperation. What potential issue could that create for me and the person I am dating?