Custody Battle


#1

The title of this post implies that there are some issues between your wife and her ex regarding the children. Does her ex now just have visitation every other weekend? He is certainly entitled (as normally your ex would be) to file for a modification of custody due to significant change in circumstances, namely, your moving or planning on moving. I would think he could make a good case if he can show that staying with him the children could remain in the same school where they are currently happy and doing well. Is there some reason why the father should not be entitled to have his children around him? Can you work something out with holidays/vacation time if you move?


#2

The move is one hour forty minutes away, we’ve offered to meet half-way, double his summer time, add days on weekends during school that are book-ended by teacher work days. The schools in the new area are on par or ranked slightly higher than existing schools. His office is 50-60 miles away from house. If kids are with him, there will be problems getting to and from school as well as emergency situations. He also has some anger management issues.

quote:
[i]Originally posted by mal[/i] [br]The title of this post implies that there are some issues between your wife and her ex regarding the children. Does her ex now just have visitation every other weekend? He is certainly entitled (as normally your ex would be) to file for a modification of custody due to significant change in circumstances, namely, your moving or planning on moving. I would think he could make a good case if he can show that staying with him the children could remain in the same school where they are currently happy and doing well. Is there some reason why the father should not be entitled to have his children around him? Can you work something out with holidays/vacation time if you move?

#3

I would make sure that your spouse continues to offer him as much time as possible with the children and keep him in the loop regarding the move. If she continues to be reasonable and offer him visitation with the children, the court is not likely to change primary custody.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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Charlotte, North Carolina 28262
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

My wife and I both have physical custody of our children from different marriages. I recently accepted a job about an hour and a half away from her ex and now he is filing for custody of his two kids. Any advice?