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My ex husband and I have Joint legal/Joint physical. He is

My ex husband and I...

My ex husband and I have Joint legal/Joint physical. He is getting out of the military and moving 4 hours away and recently filed that he has primary custody and can move our 4 year old with him. I was a stay at home mom and went back to work when we got divorced. Our parenting plan has worked PERFECTLY until he decided he was going to move 4 hours away. He never takes her to the dr, I am the one who takes off when he is sick. I got served yesterday and they are requesting I pay his legal fees and that I need to produce my medical records, whom I have slept with and other absurd things. Our daughter has lived in GA for 3 years now and is in a good private school. Nothing has changed except I took a better paying job that is Mon-Fri. I take her to all extra activities. How likely is a judge to grant him full custody and let her move? I have no family here but am staying due to my job. His family is very wealthy. His lawyer is very high profile and married to one of the judges. I have emails proving I have let his parents see her and have let her go on vacations with them.

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Answered in 17 minutes by:
8/23/2013
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19,824
Experience: B.A.; M.B.A.; J.D.
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Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



My ex husband and I have Joint legal/Joint physical. He is getting out of the military and moving 4 hours away and recently filed that he has primary custody and can move our 4 year old with him. I was a stay at home mom and went back to work when we got divorced. Our parenting plan has worked PERFECTLY until he decided he was going to move 4 hours away. He never takes her to the dr, I am the one who takes off when he is sick. I got served yesterday and they are requesting I pay his legal fees and that I need to produce my medical records, whom I have slept with and other absurd things.



Response 1: Of course, you are going to object to those ridiculous. They are irrelevant and immaterial to the question of custody. You cannot be expected to pay for his Attorney's fees when he is the one bringing this ridiculous case for modification and when he has resources to pay for his own Attorney. Nevertheless, you need to make sure to respond to the Discovery Requests and object to them on the ground that the requests are baseless, irrelevant, and immaterial.



Our daughter has lived in GA for 3 years now and is in a good private school. Nothing has changed except I took a better paying job that is Mon-Fri. I take her to all extra activities. How likely is a judge to grant him full custody and let her move? I have no family here but am staying due to my job. His family is very wealthy.



Response 2: It is very unlikely. The Court CANNOT take away your custody just because he requests it. There must be a showing that you are an unfit parent before the Court can take away your rights. Under the circumstances that you described, I do not see how a Court can take away your rights.

In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the child would be better off living with both of you, the Court would denies his Complaint for Modification of Custody and leave custody status quo. Otherwise, the Court would rule in his favor. So, it is very important that you tell the Court any and all reasons why custody should remain the same, just as you did in your narrative here; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court. Also, since he is the one moving four hours away, you should request that visitation schedule be changed and the father be charged for any expenses of visitation between him and the child.

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Customer reply replied 4 years ago


Will it matter that my boyfriend who is deployed to Korea is on the lease of my apartment with me? He does not live with us and is gone for 2 years of which when he returns we plan to marry. My ex husband was aware of my boyfriend and met him at my daughter's school field day. I am fit mother but I don't know how a judge will view the fact my boyfriend is on my lease and we have a joint checking that we pay the rent and other set bills from. My car is in my boyfriends name. I was a stay at home mom for 4 years so I have NO credit, I pay the car payment though. I can't believe I am going through this and having to get a lawyer to fight him getting custody when he didn't even show up to her first day of school and I'm the one who takes her to all dr apts, all extra curricular activities. She was recently in the hospital for surgery and he went back to work the next day she was released while I took off work to stay home and take care of her.

Will it matter that my boyfriend who is deployed to Korea is on the lease of my apartment with me?


Response 1: No, it will not matter.


He does not live with us and is gone for 2 years of which when he returns we plan to marry. My ex husband was aware of my boyfriend and met him at my daughter's school field day. I am fit mother but I don't know how a judge will view the fact my boyfriend is on my lease and we have a joint checking that we pay the rent and other set bills from.


Response 2:
Not relevant in the case.


My car is in my boyfriends name. I was a stay at home mom for 4 years so I have NO credit, I pay the car payment though. I can't believe I am going through this and having to get a lawyer to fight him getting custody when he didn't even show up to her first day of school and I'm the one who takes her to all dr apts, all extra curricular activities. She was recently in the hospital for surgery and he went back to work the next day she was released while I took off work to stay home and take care of her.



Response 3:
Do not despair. These things do happen, but you are ultimately going to prevail. Just make sure that you tell the Court about all these things you did and you continue to do for your daughter and the father’s lack of active involvement in the child’s activities and wellbeing .

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19,824
Experience: B.A.; M.B.A.; J.D.
Verified
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Phillips Esq.
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Category: Family Law
Satisfied Customers: 19,824
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Experience: B.A.; M.B.A.; J.D.

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