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Lawmoe
Lawmoe, Family Law Attorney
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I got a divorce in 2007, in the divorce settlement it was stated

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I got a divorce in 2007, in the divorce settlement it was stated that if either Party decides to move out of South Dakota they will give the other party forty-five (45) days written notice pursuant to South Dakota Statute 25-4-A17. The parties agree they will split transportation for visitation equally. She soon moved to Needles CA shortly after the divorce, with my daughter. Which because of her financial situation, each visit with my daughter was completely at my cost. My Ex has now moved to Kentucky, leaving my daughter in Needles CA with her grandmother, and the situation she is in, im really unhappy with. The only notice that I got was my ex e-mailing me just prior to going to KY, and a text via phone when she was there. She never discussed any of this with me. Do I have a leg to stand on in getting custody of my daughter?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawmoe replied 4 years ago.

Absolutely. If the child is no longer in the care of the other parent,y you may have a very strong basis to seek a change of custody assuming, of course, that you have a strong relationship with your daughter. The court makes such decisions based on what it determines is in the child's best interests. That requires considering all facts that impact the child's care such as a parent's frequent relocations and/or absence.

 

The relocation to California is likely not something that you can effectively raise if it happened some years ago and you never acted to challenge that relocation. The newest relocation of the parent certainly affects an analysis of what is in the best interests of the child if she left the child behind in the care of grandparents,

 

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Lawmoe, Family Law Attorney
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Experience: Family Law Lawyer for 19 years
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