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?
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.
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[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?
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
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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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?