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Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My ex and I are currently splitting our daughter throughout

Customer Question

My ex and I are currently splitting our daughter throughout the week. He has her 3 days a week and I have her 4 days a week. My ex is moving to California in February if I go to court will the court grant me full custody of my daughter since my ex is moving?
Submitted: 7 months ago.
Category: Family Law
Expert:  Roger replied 7 months ago.

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

Generally, the court will do whatever it believes is in the best interest of the child.....which generally takes into consideration factors involving the parents' character, home environment, family situations, school, etc. Also, the court generally doesn't like to lose jurisdiction over the child....which is what would occur if you were to go out of town.

Expert:  Roger replied 7 months ago.

Additionally, if the child is in school and has an established routine, the judge is much less likely to allow the child to move away.

Customer: replied 7 months ago.
would I become the custodial parent and my ex become the noncustodial parent since he is the one moving? Also can I stop my ex from moving?
Expert:  Roger replied 7 months ago.

That would be up to the judge......and he/she could allow both of you to remain custodial parents, with one of you being the primary one. Alternatively, the court could grant you full custody and the other parent visitation only.

Customer: replied 7 months ago.
we could both be custodial parents even if we live in different states?
Expert:  Roger replied 7 months ago.

It is could have physical custody and he could have co-joint custody. But, it's really up to the judge and what he/she believes is best for the child.

Customer: replied 7 months ago.
Can the court stop my ex from moving out of the state?
Expert:  Roger replied 7 months ago.

Generally, no. The judge can require the child to remain in the state, but not the parent.

Customer: replied 7 months ago.
my daughter is three so what type of visituation can I expect since her dad is moving to california and she will most likely remain in her home of Houston?
Expert:  Roger replied 7 months ago.

More than likely, the father would be require to travel back to visit her until she gets older.

Expert:  Roger replied 7 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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