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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I have a relocation question. My husband lost his job in the

Customer Question

I have a relocation question. My husband lost his job in the area of Louisiana that we now live, he has been given an amazing job opportunity that requires us to move across the country. I have a child from a previous relationship and my husband and I have a child together. My question is, " Is relocation something we can accomplish if the education and lifestyle for the child will be better in the new home and if we continue to encourage a relationship with her biological dad?" I have offered her biological dad 8 weeks in the Summer and every school holiday of a week at my expense and he is refusing to discuss it! What are my options. We live in southern Louisiana and need to move to Idaho where my husbands family is from.
Submitted: 7 years ago.
Category: Family Law
Expert:  lwpat replied 7 years ago.
We are in a very mobile society and permission to move is routinely granted. A lot depends on the current custody situation. What is the current order?
Customer: replied 7 years ago.
We have joint custody with me as domiciliary parent. She sees her dad every other weekend with dinner on alternating Wednesday's, she also sees him for 5 weeks out of the summer to be served individually (ex; first and third week of June, July and first week of August) and alternating holidays with Christmas and New Years day and eve split. She is almost eight and her dad and I have been seperated and living apart since she was 13 months. I have been remarried for three years and currently live 38 miles from her dad. I have encouraged her relationship with him and his fiance' but have not always been given the same courtesy...Her dad and I were never married but we were engaged and I choose to leave when I discovered that he was being unfaithful with at least 9 other women. I am not wanting to bring these things up because we are both in better places despite how and why we got here...but I am tired of him blaming me for leaving and accusing me of taking her (the child) from him. I am simply trying to find the best solution for my family while maintaining a supportive and close relationship between her and her dad.
Expert:  lwpat replied 7 years ago.
Under these circumstances I would tend to disagree with the other attorney. You have an excellent reason for the move, you currently have primary custody, the child is old enough to travel and you are willing to work out a reasonable visitation schedule. I addition you are married and you want to stress the relationship the child has with your new spouse and present evidence. You need to go ahead and file a petition in the family court asking for permission to move and for a revised visitation schedule. Good luck

Here are the forms but I do not see on that fits your situation. Possibly the clerk may remember one that she will print out for you to use as a guide.

An accept for my time is always appreciated
Customer: replied 7 years ago.
Thank you so much! I am sorry I didn't respond last night, the baby woke up! Ok, so do you know what the Law in Louisiana says about relocation. Would it be better to try to use a mediator before going to court or should I just file and be finished with it? I am just trying to make sure that it is obvious that I am not trying to "take" anything from him. I want to make sure that I follow the law precisely so that I am in no way creating a reason to be told no.

Thanks again
Expert:  lwpat replied 7 years ago.
I would file and then try to get an agreement based on your post.

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