You talk about your husband fighting you for primary physical care. Therefore, I assume that you are still married. If you are still married, the judge in a divorce would determine the children's best interests as to who receives primary physical care. There are many factors that the judge should consider as to the physical care. You can review these factors on my website www.robertpetersonlaw.com Your job and working conditions would be one of the factors involved in this decision.
If you are already divorced, then you are talking about a modification. For a modification, there must be a substantial change of circumstances not considered at the time of the divorce. One hour away move may or may not be a substantial change of circumstances. The code lists 150 miles as a substantial change, but a shorter move could be a substantial change based on the circumstances.
Answered on Dec 10th, 2011 at 2:13 PM