My husband and I have been married for nearly 2 years. It is a second marriage for both of us and we each have children from previous marriages. Because we did not want to move our children, we have maintained two homes-- his in PA where his kids are, mine in NJ where my kids are. And we have commuted to each other's homes. We have finally reached a point where we can no longer afford to maintain two homes, and have decided that he will move to NJ. Because the distance to his kids wil be approximately 100 miles, his current custodial schedule will need to be changed. (he is the non-custodial parent
and pays child support
) His current schedule entails his having his 3 children every Wednesday night from 6pm to 7am the next morning, and every other weekend from Friday at 6pm until Sunday at 8pm. In terms of percentages, he has them about 23% of the time. By living 2 hours away, he will be unable to maintain the Wednesday night stay over, but plans to take them to dinner and return them home to their mother
. Weekends will be a bit trickier. While there is ample space in the NJ house to accommodate them every other weekend, his two oldest kids are 16 and nearly 18. Due to work and social commitments, they may be unwilling and/or unable to come to NJ. That said, we calculate the amount of time he will be with his kids under his new arrangement to be between 8-16%. He is currently paying $1500 per month in child support. He has an extremely contentious relationship with his ex, and we anticipate that she will throw up roadblocks to his moving away. We have not informed her or the kids yet, but hope to do so in the next 10 days, so that he can move by October 1, and avoid having to pay rent for October. So, I have several questions... One, can she prevent him from moving? Two, will the change to custodial schedule cause him to have to pay more support, and if so, how much? Does it make any difference that the children are welcome, and he is willing and able to provide transportation to them to get to NJ, but they'll CHOOSE not to, and therefore have to stay at home in PA with their mother? Three, his decree was a mediated agreement, and stipulates that if anything needs to be amended, they must go back to mediation. That being the case, considering how quickly we want to make this move, can he move while mediation is pending or ongoing? Or would that risk further legal action? Thank you for your help.