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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My daughter and her husband have joint custody stated in the

Customer Question

My daughter and her husband have joint custody stated in the divorce agreement even though she has the children five days a week. If she moves out of state to be with family due to her health issues and he refuses this what are her chances of actually doing it?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. The Judge is always going to act in the best interest of the children. If she wants to relocate out of State with them, the burden would be on her, to show a need for it, which outweighs that of the father, to continue the shared custody. Of course, if he does not take them as he is supposed to and she has them, it is a factor for the Judge to consider. However, it will be hard for her to relocate since custody is shared and she does not have sole custody, where he could simply still retain visitation, during holidays and breaks. She is going to have to show that she has no choice but to relocate and the children are better with her, then him.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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