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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29820
Experience:  Attorney with experience in family law.
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I am a mother of 2 kids. Ages 6 and 3. I finished my divorce

Customer Question

I am a mother of 2 kids. Ages 6 and 3. I finished my divorce October 2015. My daughter is in kindergarten and my son hasn't started school yet. Currently my ex and I have 50/50 custody. One week on, one week off. I also live 4 miles from his home which makes things easy for us to have this arrangement. I live in a small 2 bedroom apartment but I found a home I would like to purchase but it's an hour from my location now. In our divorce we are allowed to move anywhere in a 100 mile radius, which is def is. My ex said he will fight me for custody and I am worried that becuse my daughter was established in school he can use that against me. How does the court normally favor?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A lot of people are going to tell you that judges favor the mother in custody proceedings. That is sometimes true, but it's not something I would want to promise anyone. More accurately, courts tend to favor the person who was the primary caregiver before the case went to court, which is frequently the mother for a variety of reasons.

The judge is going to look at all relevant facts to determine what's in the best interests of your children. That's going to include the quality of the school she's in now versus the quality of the school she'd be going to if you moved her, the relationship she has with both of you, whether she'd be changing schools in the middle of the year, and things like that. The judge will also consider your age, health, and ability to parent. There's a complete list in this statute. Your six year old daughter should also be able to tell the judge who she'd prefer to live with (the three year old is too young). The judge just has to talk to her long enough to determine that she knows the difference between the truth and a lie, and that she knows what it means to promise to tell the truth. The fact that you're staying within a 100 mile radius should count in your favor.

Also, the judge could order that you do the extra driving to bring the kids to your husband, since you're the one moving away.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
Thank you so much. That was much needed as I am very worried about the outcome. My kids are my world and i couldn't bare to live without any longer then I have to. You were very helpful. Thanks again
Expert:  Lucy, Esq. replied 1 year ago.

I'm glad I could help. I hope it all works out for you.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

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