QUESTION

I have physical custody with shared joint, can i relocate before i get an lawyer?

Asked on Mar 05th, 2012 on Child Custody - Mississippi
More details to this question:
I have physical custody of my son and joint legal with visitation every other week that will switch to every other weekend when he starts school in august. He is four. My new husband is working out of state and we have to move where he is and sell our house. My question is can I take my son with me before I get an attorney and go to court or do I have to stay where I live now until judge says so? I live in ms.
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2 ANSWERS

You do not need to hire an attorney at this point nor do you need any blessing from a Judge. Your ex can take you to Court if he desires, but he can do that any time he wants alleging a material change of circumstances has occurred. If he does take you to court, the move in itself is not a material change in circumstances adverse to the best interest of the child, but there are other things to consider. If moving for economic reasons (better job) or better support network (family to help with your child), then his position becomes very weak, particularly if you receive little or no support from him. A move that does not improve your current situation could prove dangerous territory. Also, he might want to address the visitation schedule granting him longer periods of visitation with the child if the current schedule will no longer work due the distance between the two of you. Most judges would prefer that you both meet with the child somewhere in the middle; however, some are of the opinion that since you are moving away, you should pay all of the transportation expense. I think the best way to proceed would be to speak to your ex about this in advance of the move. A little time to let it sink in could help. Also, I advise being as generous as you can An abrupt move could make him very angry and want to take you to Court. If he indicates to you he is fine with the move, it would be helpful if that were sent in an email or text or some other manor you can prove. Even if he said it verbally with a room full of witnesses, that is hearsay and would not be allowed in Court. After you move, make sure you comply with Chancery Rule 8.06 by notifying your ex in writing at his address and the Clerk of the Court which has entered the order providing for custody and visitation, of your new address and phone number.
Answered on Mar 08th, 2012 at 10:22 AM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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Read your divorce child custody, child viasitation and child support agreement. If it is not stated, then you will need to modify the visitation portion of the agreement. I would work this issue for resolution prior to your move.
Answered on Mar 07th, 2012 at 4:51 PM

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