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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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If my ex husband and I share custody of my child, and I cannot

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If my ex husband and I share custody of my child, and I cannot forsee him changing this without me taking him to court, what if I moved away from him where I could not take him to the same school, etc.? Right now, we are approx. 10 miles away. What if I was 50 or more miles away, could I regain the custody of him? My son is so unhappy and wants to be with me full time. I cannot afford to sue him for full custody without knowing what the outcome would be.
Thank you for your question.

No, if you move away, that does not assist you in regaining custody--what that can do is force you both into court for a formal modification. In addition, depending on how your child custody decree was written, you may be barred from moving past a certain distance (such as a new city, state, or school district) without first getting consent from the other custodial party--this is put into place specifically so that one party does not take the child from the other without recourse. If consent is not provided by the other parent, then the only party who would be able to overrule that move would be the judge.

I am sorry, if you move, the only likely outcome would be larger costs based on traveling expenses. Full custody is not assured.

Good luck

Edited by Dimitry Alexander Kaplun on 8/1/2010 at 8:13 PM EST
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