I have the physical custody.
Thank you for the information. Your initial post: My Ex Husband and I currently have joint custody. He moved away to Washington in April 2013 without providing me with address. I have filed a modification of the custody requesting sole custody. Now he is requesting the same. What is at that i can expect
Response 1: The Court would make a ruling for sole physical custody because joint physical custody is no longer feasible since both parents are no longer in the same state. The Court would also set different visitation schedules and also hopefully rule on who is going to be responsible for the cost of visitation (travel costs). Since your ex was the one who moved away, you should insist that he bears the cost of visitation. Both of you would still have joint legal custody of the child where you would still consult each other when making decisions regarding the child’s upbringing and general welfare. and what are the possible outcomes. Response 2: The Court rules in your favor because that is the environment that child has known and the Court would not want to change it—the Court would not want to uproot the child from a familiar environment. The Court rules in your ex-husband favor because his environment would be better for the child. However, it is doubtful that the Court would rule in your ex's favor since he was the one who moved out of state without even telling you his new address. Unless your ex proves that you are “unfit” to raise the child by yourself, the Court is most likely to rule in your favor and grant you sole physical custody with both of you still having joint legal custody of the child where you can still make decisions jointly as parents for the child’s upbringing and general welfare.
In a custody dispute, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the child would be better off with you having sole physical custody, the Court would rule in your favor. Otherwise, the Court would rule in your ex-husband’s favor So, it is very important that you tell the Court any and all reasons why sole physical custody should be given to you; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).