More on Relocation

I don’t think that you would lose all custody. Do you have an agreement or court order for custody presently? Have you talked with your ex about this move? If you two can work something out between you custody does not necessarily have to change.
My husband’s ex has changed their custody schedule around at least 6 times in the last two years due to her needs and work schedule. They have not gone back to court because the amount of time is still more or less the same.
Though he could still file to modify custody because of this move out of state and the change to the child’s lifestyle but I would suggest talking with him and see if there would be any issue. If you share custody you must be able to discuss and resolve issues.

Yes there is currently a court agreement. Despite my MANY suggestions for custody arrangements to begin with everything was denied on his part so we ended up with a court ruling that neither of us wanted. I have mentioned the move already and he ran back to his attorney before even commenting to me. I don’t want to end up in court with another ruling that either of us like but it seems he requires the court to make the decision rather than us.

For a move like this I only see 2 logical arrangments. Year round school with him or me. And track outs with the other parent. There is no other way unless the courts pull custody from me completely due to the desired move.

It sounds as though your ex is going to try to use this to his advantage. What he fails to realize is that if there is no significant change to the time with either of you there is not likely to be a modification of custody. It sounds like though you have joint physical custody you do not have equal time. As I said previously it’s very unlikely that you would lose custody completely and very likely that the courts would not change. It would be up to him to file for modification for primary custody and he will have to show the courts why this is in the best interest of the child. What you have is an arrangement that works as far as the court is concerned and this move does not seem to change that. Your child will still be kept on a similar schedule with seeing the other parent and as long as you are willing to work with him on travel for these visits then I do not see him being granted the modification. It would be different if you were moving further away or if the schedule would change drastically…

When considering the issue of relocation the court will look at what factors have changed since the last order was entered. If your current job is no longer available, if your income has decreased or if your expenses have increased those may all be a change in circumstances. If everything has remained the same and you want to move because it is a better opportunity, the court may allow you to move with your child, but it will be an uphill battle. They cannot order you to stay, but they can require that you not permanently change your child’s residence.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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I have joint physical custody with my daughter and I have her 2/3 of the time presently. I want to start a business that will lead me out of state about 6 hours away. My current financial standpoint is good but I feel this new business start will benefit me and my current family greater than what things are today. I would like to have my daughter with me through the year round school “in session” periods and tracked out with her father. This would still be pretty close to the same time period. Will I be penalized for leaving for a business venture and lose all custody?