Joint custody however needing to move across the u.s.a help


#1

Hello,

I have been seperated (no legal separation paperwork however in process of it) from my husband since june 2012. We have already been to court over child custody due to us living in two different states. We were awarded joint custody, however I have physical cusotdy and my soon to be ex husband has visitation every other weekend of our 1 year old ( will turn two in oct). I am currently enrolled in college and expect to complete my degree this march. however i do wish to continue my education via grad school out of state ( i am located on the east coast and the grad school i got accepted into is on the west coast). i know for a fact that my ex will not give me permission to relocate…so i would have to do a child modification…however will a courtroom grant me permission to move?? ive read so many websites were it states it has to be in the best interest of the child, and a judge can re-do child custody and place my son into the custody of his father if he believes that its the best option.

i believe my situation is in the best interest of my son, it will better our quality of lifestyle financially. and i do not want a judge to change custody.
i should mention that my ex is active military and i do not know if plays a factor. also, i have been keeping track of all the weekends he has skipped on.
please let me know your legal advice!!

thanks


#2

There is a possibility that the judge will allow you to move. There are many factors that come into play to determine what is in the child’s best interests.