QUESTION
What can I do if my my ex and I have joint custody of 50/50 time and I want to move out of state?
Asked on Apr 25th, 2014 on Child Custody - Washington
More details to this question:
I have joint custody with 50/50 time with my ex. We were a same sex couple who went thru the planning to have a child and split when he was 5 months old. I am currently with someone and we are legally married in a different state. We have been together since my son was 7 months old. We were friends prior so I've known her now for 8 years. Here's my situation. My ex and I have joint custody with equal time however, she doesn't see him that often. This year alone, she has only had him 13 days/nights. She refuses to buy him shoes, coats, etc. I have him enrolled in gymnastics, swimming, and soccer. She is told when he has lessons, practice, games but never comes. My partner who has been active in my sons life since he was 7 months, now 31/2 has been offered a job in New Mexico. I stay at home with my son, she is our only support. This job is a promotion and pay increase of 60,000 dollars. It would give us more money to give him more opportunities and furthermore, pay for his college in years to come. I don't mind paying for airfare to get him to and from a few times a year and have no problems with her calling or she can Skype him any time. My ex was homeless for months, is now living in government housing, does not pay for anything for our son, smokes weed, has no record, dating someone who does heroine and has record of most recent this January. She jumps from job to job and half the time I can't get a hold of her because she can't make her cell phone bill so it gets turned off. She also has no car. I am the only one who takes him to doctor’s appointments. When we tell him he is going to see her, he cries and says no, stay home with mommy. Do I have a chance of being able to relocate out of state if I took her to court? I am the non-biological mother but like I said, do have joint custody.
4 ANSWERS
You have a chance to be awarded custody. But your situation is such that you should seriously consider hiring an attorney to handle it. You have a lot going on and there are too many potential twists and turns to give a better answer than that.
Answered on Apr 28th, 2014 at 5:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If there is a court order, you will only be able to move out of state if the other party agrees or the court allows it. The court will only allow it if it is in the best interests of the child, not you. So just because you want to be with your new spouse or move to a better job, won't do it.
Answered on Apr 28th, 2014 at 3:48 PM
Bruce Provda
If you have court ordered joint custody, then you would the permission of the court and the other party to move the child to another state. Speak with a custody attorney.
Answered on Apr 28th, 2014 at 1:58 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Sounds like you have a 50/50 parenting plan (there is no custody as such in WA. You don't say what the child support order requires. You must give her written notice as per the relocation statute in your parenting plan. She can then object (or not). If she does, then you go to court on a modification. However, given how little she has seen the child and the fact that she is living with someone (?) who would be a problem to have around a child, you have a basis to ask for a modification anyway. So, you still need to give notice and you can file a parenting plan modification to set up a new and doable schedule with some requirements to fit the situation. The court will likely let you move, even if she objects, under the circumstances. Long distance transportation is a shared expense by law. Get a lawyer experienced at dealing with parenting plans and relocation issues.
Answered on Apr 28th, 2014 at 1:56 PM