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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19111
Experience:  B.A.; M.B.A.; J.D.
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Parents have joint custody. No one has the exclusive right

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Parents have joint custody. No one has the exclusive right to designate the primary residence. There is a move away clause stating the stay behind parent automatically gets primary because one parent is in the military. The military parent in 2014 was threatening to go back to court to file a motion to make them the primary so the other parent preemptively files for custody. It sits on the docket for over a year. The military parent gets orders to relocate out of state in 2015. The parenting plan states that the stay behind parent gets primary. The stay behind parent is the one who filed a modification to change custody to them a year ago. The military parent is using the stay behind parents filing against them and going after custody. Can the stay behind parent file a motion to dismiss since the order already states they get primary once the other parent moves out of state? Very confusing.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Parents have joint custody. No one has the exclusive right to designate the primary residence. There is a move away clause stating the stay behind parent automatically gets primary because one parent is in the military. The military parent in 2014 was threatening to go back to court to file a motion to make them the primary so the other parent preemptively files for custody. It sits on the docket for over a year. The military parent gets orders to relocate out of state in 2015. The parenting plan states that the stay behind parent gets primary. The stay behind parent is the one who filed a modification to change custody to them a year ago. The military parent is using the stay behind parents filing against them and going after custody. Can the stay behind parent file a motion to dismiss since the order already states they get primary once the other parent moves out of state? Very confusing.
Response:Yes, she/he can. However, the other party in the case would mostly likely file a response in opposition of the Motion to Withdraw the petition for modification of custody. Nonetheless, she can state that she was mistaken when she filed petition for modification because the current Order has already given her what she is now seeking in her petition for change of custody.

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