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Roger, Attorney
Category: Family Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son will be 2 in august. He has lived with my husband and

Customer Question

My son will be 2 in august. He has lived with my husband and I since birth but visits his dad 3 out of 4 weekends. My husband who is army is getting out and moving to colorado for school. Out of respect for my 2 yr olds dad I decided to stay in ny. However a few months ago I informed his father id be moving 1.5 hrs south for better job opportunities and family support. For the first 2 months he said okay. Now a month before moving, hes said he now wants to have him full time. He works nights, sleeps days and has told me he can only pay $40 a week for child support. There are no custody orders in place
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 year ago.

If there is no custody order in place, then there is no authority for either of you at this point -- meaning that he can't stop you from moving, and you can't stop him from seeing the child, refusing to return him, etc. So, it's really an unstable situation......

That said, you can file a petition for custody and establish some guidelines/rules for each of you. While it is possible he could be given custody, it is not likely for a few reasons. First, mothers generally get more preference because of the maternal instinct they have - especially with young children. Secondly, you've been the primary/custodial parent for the child's entire life, and the judge isn't likely to change that at this point.

Expert:  Roger replied 1 year ago.

Thus, the judge would likely approve your move and establish visitation with the father that is reasonable based on the distance. Also, it may be a good idea to inform the father that you could be moving to Colorado with the child (which the court would likely also grant given you're remarried and that's where your husband is), so he may not want to push you too much on this or you could make his visits with the child much fewer and much farther between.

Expert:  Roger replied 1 year ago.

But, nothing is going to get resolved unless you put a formal order in place.......and if you don't file something, it may blow over OR he may file. So, you could go ahead with your plans and see if he files for custody and visitation to be established.