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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 840
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I have 2 daughters. One I have sole custody over and the other

Customer Question

I have 2 daughters. One I have sole custody over and the other I share time with, their residence is my house, but we have no legal parenting plan or any court documents in place for my youngest. I am living in Washington state and want to move to Idaho. Her father lives in Idaho as well but where I reside at currently is 15 mins from him and where I want to move to is 2 hours away. Her father stated if I tried to move he would get an attorney and prevent me from moving. I do not have money to pay for attorney's fees. What is the likely hood a judge would separate siblings? I do not see moving 2 hours away as a problem. I have the paperwork to register my kids in their new school and have already given my 30 day notice at my current residence. He will not listen to reason. Can I move?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Hello: You mention that you have two children. Are both children with the same parent that has threatened to take you to court? Or is he just the father of the youngest?
Customer: replied 1 year ago.
No, just the youngest child is his daughter.
Expert:  originallawyer replied 1 year ago.
Thank you: Okay, if there is no court order, he can't stop you from moving unless he does in fact take you to court. A Judge will not necessarily directly force separation, but the Judge can tell you that if you choose to move, custody of your youngest will go to the father. If you stay, then likely nothing would change. A Judge may see moving 2 hours away as a big deal if it means it will be harder for the father to continue to have a relationship with your daughter. If she has grown up 15 minutes away from him and is suddenly facing being 2 hours away, your ex may claim that it's not in her best interest. The Judge will consider what is in your daughter's best interest, not necessarily what is most convenient for you. Things that may weigh in your favor if this were to be contested: You are moving to take a job that will better able you to care for your children. Or you are moving for a medical reason, etc. Generally speaking if you're just moving to move, it's easier for a Judge to say you either have to stay or give custody to the other parent.
Customer: replied 1 year ago.
I am engaged to be married. My fiance owns his house in this town which he just refinanced so there is no probable chance of moving. Not only that there are better schools in this area there are better job opportunities for me there. My oldest wants to move to a new school as well. My youngest did until her father decided to make her feel bad. I have it on text from him he was fine with us moving to a bigger town but when he found out it was because I was to be moving in with my fiance it was "get an attorney" time. This is control and nothing other.
Expert:  originallawyer replied 1 year ago.
I agree, it is likely an effort to control you. Your reasons are valid ones, but it will depend on the Judge you are in front of. Some Judges really don't like one parent moving away even if it's for the best reasons ever, and they just won't let it happen. Other Judges are more lenient and will okay a move if it's not too far away. I know you state that you cannot afford an attorney, but it might be worthwhile to sit down with one in the town where you live now to find out what kind of Judges might hear your case. It would be remiss for me to tell you that a Judge might not order you to stay or give custody to your ex, as that is a possibility. However I also do think you have a shot at getting your move approved if he does choose to fight it.

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