QUESTION
If my ex won't give permission to relocate what are my chances of wining
Asked on Sep 02nd, 2014 on Child Custody - Nevada
More details to this question:
I live in Nevada want to relocate to Oregon for a fresh start. I'm adopting my sisters 3 kids and we live in a small town where everyone knows their whole story and it's very hard on them.i am also in a new relationship with someone I knew in jr high and high school. I would be moving next door to him and eventually we will be blending our families together. I asked my ex in writing and explained that he would still be getting the same amount of days per month plus holiday breaks so he would be getting more visitation than before. I also said I would deduct $200 from child support and he would be responsible for her ticket there and I would be responsible for her ticket back. He said no can I move with her anyways and keep the visitation as is? If not what are my chances of winning in court? We have joint legal custody with me being awarded the primary physical custody. He also pays his ordered child support late every month but doesn't go over 30 days late.
1 ANSWER
There are too many moving parts, and unknown facts, to your question to give any kind of evaluation of "chances." You do not, for example, specify what the current visitation arrangements are, whether you have any kind of job prospects where you intend to go (although you do mention housing), or what difficulties the other 3 children are having where they are due to the unspecified "whole story."
If your ex will not give consent, you will need court permission for the relocation over his objection. From what you do say, it appears that you have probably met the threshold "good faith reason" test for relocation, and your evaluation of what to do about visitation and support seems pretty reasonable. For a review of the test, and the cases, see the "relocation" materials posted at http://willicklawgroup.com/child-custody-and-visitation/. Especially look over the Schwartz Factors Worksheet.
For any kind of more meaningful review of the issue, you will have to consult with a family law specialist; these cases are extremely fact-specific, and it is usually impossible by e-mail to do any kind of reasonable inquiry into all of the circumstances that are relevant.
Answered on Sep 02nd, 2014 at 10:10 AM