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I live in Pittsburgh and have shared physical custody

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of my 7 year old...
I live in Pittsburgh and have shared physical custody of my 7 year old son Aiden. I have been remarried for two years and have a very stable household. We flip every other week. Two years ago, we had a custody battle to determine what school district he attended. The courts ruled in moms favor due to the fact that he has a half sister that attends the same school. Mom meet a new boyfriend 7 weeks ago and wants to move my son 60 miles away. We have been the only responsible parents in his education and have the teachers fully behind us. I am going to file for a change in legal custody and was wondering what your opinion is on how the judge will view this issue.
Submitted: 4 years ago.Category: Family Law
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5/29/2013
Family Lawyer: Chris T., JD, Lawyer replied 4 years ago
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,829
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

Are there any provisions in your custody or separation agreement that address one party moving?

texlawyer :

Are you able to see my responses?

texlawyer :

The chat function frequently has technical issues. I will switch to a Q&A format, which usually corrects the problem.

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Customer reply replied 4 years ago
She needs to provide 90 days written notice before she can switch schools.
Family Lawyer: Chris T., JD, Lawyer replied 4 years ago

OK. Thanks for the information. While it is difficult to predict exactly what a judge will do, especially considering I don't have all of the information about your situation, I'll tell you what I think based on my experience.

First off, one of the most important things in a child's life is stability and consistency. Judges know this. As such, when confronted with issues like this, most judges tend to err on the side of stability for the child, all else being equal. So, from what you've said, that seems to weigh in your favor.

Second, judges don't like people who put their own needs before the child's. Here it seems as though your ex is infatuated with someone she basically just met and wants to uproot her children to be with him. That makes her look like a parent who's lost sight of what's important, which, of course, will also weigh in your favor.

So, based on what you've said, it appears that you have a strong case to keep your child with you. If she tries to move off and enroll them in a new school district, you need to haul her back in front of the judge that set the custody rules and address seek custody. At the very least, you need to tell her up front that is what you plan to do, which may cause her to rethink the entire plan.

Again, that is based on the few things you've told me and I'm sure there is a much bigger picture here, but that's my impression.

If you have any questions, feel free to ask. If not, please remember to "rate" my answer. Good luck!

Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,829
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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