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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My children live with the father I get them every other weekend

Customer Question

My children live with the father I get them every other weekend and one day a week plus scheduled holidays. I would like to move for purposes of a better job. If I do move would this have a negative effect if I try for custody of my children?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard
Expert:  Samuel II replied 2 years ago.
I suggest that the moving should not interfere or have an impact on a petition for custody. The court will look at what is in the best interest of the children, regardless of where you live.
Expert:  Samuel II replied 2 years ago.
So it will be up to you in your Petition for custody to show how the children will benefit from the move.
Expert:  Samuel II replied 2 years ago.
You should be prepared to show that it will not be disruptive to their school, friends, any extra curricular activities and most of all I suggest you devise some sort of visitation schedule that would not keep them from the other parent.
Customer: replied 2 years ago.
Would it be wise for me to go to mediation and set up a visitation schedule before I move away. Again my husband currently has custody,
Expert:  Samuel II replied 2 years ago.
HelloHow far are you moving? Why was the Father awarded custody? How old are the children?
Customer: replied 2 years ago.
Moving from El Paso Tx to Phoniex AZ 3 kids 11, 9, 5yrs. I had a mental break down and abused prescription drugs. I am now teaching school and have been drug free for two years.
Customer: replied 2 years ago.
My oldest son has said he wants to live with me. The middle son also wants to live with me and the 5yr old is to young to express her wants.
Expert:  Samuel II replied 2 years ago.
HelloThank youI suggest that it is up to you whether to mediate first or not. There are pros and cons in both directions. If you move and have a secured job, that could be beneficial. I suggest that the mediation will only be beneficial to you if the Father is willing to allow them to be in your full time custody. You can mediate and it is not binding. If there is a recommendation, the court can follow or not.
Expert:  Samuel II replied 2 years ago.
You can always file the Modification for custody with the courts and let the court order the mediation. It is not something you need to do and it is not something I can predict if it is beneficial or not because only you know the Father and how hard he will fight this.
Expert:  Samuel II replied 2 years ago.
The court can take into consideration the wants of the older children and may interview them in chambers to hear what they say. But at these ages, they have a life in school with friends, etc. So the most important thing is to show where they will live, go to school, who will care for them in your absence, etc.

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