Family/divorce LawSeparation Agreement 2010 for shared custody one week on one week off and husband to pay $1000 child supportJuly 2011 we went to court so I can watch our son during the day while his dad goes to work. Still shared custody however dad has child 33% of the time now.Is it in my best interests to apply for primary residence? And what are my chances to relocate with my son for work and closer to family?
What has changed since last July?
You cannot seek a change in the order unless there is a material change in circumstances.
And regardless of the order the facts are what will govern whether you can move your son or not and that is always very hard to do.
You would have to prove to the Court that the move is in the best interests of your son and that moving him away from his father whom he sees each night every other week is merited by the benefits of the move.
That is going to be very hard to prove.
So why do you want it changed now?
I don't think the label of the type of custody matters.
It is clear that the child lives with you one week and the father the other but that you take care of the child during the father's week during the day when he is at work.
I doesn't matter what you call the arrangement.
If you go back to work, regardless of the label it will be a change of circumstance and the father could apply to vary the order.
He can seek to vary the Order if there is a material change of circumstance.Then he would have to prove that the change he wants is best for the child. So based on your facts I don't see how he could succeed if he is not available to take care of your child and you can.
You are very welcome.
Take good care.
Hi thereOne more question - would it be a change of circumstance that the father is working overtime and unable to fulfill his parenting schedule? Could I apply for primary residence then?
Relist: Other.Not available
Yes that would be grounds that would merit your applying to vary the Order.
Would I have to show this happening continuously or is a few times sufficient?
It think you would have to show it happens a lot.
He failed to pick him up twice by 5:30 as per our court order and two of his weekends because he had to work. This was all within 30 days and since our last court date. Would that be enough for me to persue this?
I don't really think so.If this happens regularly for a couple of months more then I think it would be good evidence.
thanks again. I will keep this in mind.
OKAnd keep my name.I would like to keep helping you over time if you find you need it.I am online a lot.If you put my name into the subject line I will always be the one to answer.