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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16271
Experience:  Licensed experienced Attorney
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If my ex decides to move out of state to be with his girlfriend,

Resolved Question:

If my ex decides to move out of state to be with his girlfriend, is it possible for me to get full physical and legal custody and not require the kids to travel to see their dad? I have no problem with dad visiting in our home town, but I feel it's unfair to uproot kids and subject them to a completely different environment and the girlfriend, and being that far away from mom.
Submitted: 3 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 3 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear abou this unfortunate situation.

Is there current court ordered custody and visitation in place?
Customer: replied 3 years ago.
We are in the process of divorcing, I filed and we have agreed on me having full physical custody and worked out a visitation schedule, but nothing is set in stone yet. My ex has made very little effort to see his kids, is a practicing alcoholic and is working and seeing his girlfriend for several weeks at a time in Louisiana (We live in Michigan). When he comes back to Michigan he is extremely depressed, emotional, and drinks.
Expert:  replied 3 years ago.

Thank you for your follow up.

You or your attorney can request for the court to award visitation to the father which would only be limited to the state where your children and you reside, however, unless there are some clear evidence that can be presented that the father is unfit to have visitation at his place of residence in another state, at least for Christmas or Summer vacations with the kids, the court would generally allow for the children to visit with father out of state, but would require father to pay for the travel costs and to also be responsible for safe transportation of the children.

Basically, it is almost always a better idea for the parents to try to negotiate a mutually agreeable visitation / timesharing scheldue for the children, then ask the court to order one, as you can never predict how the judge will rule and in some cases both parents might not be happy with the judge's visitation / timesharing orders, while if parents can come to an agreement, at least it takes away the uncertainty of having the judge make decision on the issue, not to mention legal fees and costs which are involved in litigating such issues.

I wish you the best of luck!
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