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My husband is currently in the Navy, stationed in VA beach.

Customer Question
My husband is currently...

My husband is currently in the Navy, stationed in VA beach. I hired a lawyer over a year ago who ended up doing nothing for me and I want to relocate to VA to finally live with my husband. My husband has a great place and my daughter has her own room. My ex does pay child support of 125.00 a week but only get my daughter 2 nights a month. Calls her maybe once every two weeks. He currently is not employed, he lives with his mother and my daughter doesn't have a bed or room there. We have primary physical custody with joint legal. I just want to know if I even have a case?

Lawyer's Assistant: How old is the child? Is there an agreement for payment of child support?

She is 6 years old. Yes it was only 17 percent of his one job he had at the time. I carry her health and pay her day care as well

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not that I can think of

Submitted: 6 months ago.Category: Family Law
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Customer reply replied 6 months ago
I meant to say, I have primary physical custody of my daughter and joint legal. He does have a part time job at UPS working maybe 20 hours a week. Last year, he did not attend anything for my daughter for school. He only takes Ellie extra if I need him to but never asks for her any extra. This year he actually gave me 100 for back to school, but last year I received nothing from him. He is in the picture but very minimum. He used to say it was because he had 2 jobs, but he has not had two jobs and he hasn't made any efforts to see my daughter any extra.
Answered in 15 minutes by:
8/4/2017
Family Lawyer: Legal Expert Justin, Lawyer replied 6 months ago
Legal Expert Justin
Category: Family Law
Satisfied Customers: 236
Experience: Attorney
Verified

Hello! My name is ***** ***** I'll be the Expert assisting you today. If you want to move to Virginia, you will have to modify the custody judgment and parenting plan. If you can show that it is in the best interest of your daughter to relocate to Virginia, the court will likely allow it, so long as you propose a fair plan for your ex to still have visitation time (such as extended holiday/summer time, splitting the costs of air travel for your daughter to visit him, etc.). The courts understand that moving out of state is often a fact of life and wanting to be with your husband to provide a stable home environment for your daughter will most likely be allowed.

If your ex tries to complain that he will not see his daughter enough, pointing out that he has not complied with the current parenting plan (or at least has not made much effort other than the bare minimum) will be helpful.

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Customer reply replied 6 months ago
I did approach him with a vacation and summer time schedule and he proceeded to tell me he would not agree, because he works (when he had a full time job/part time job) and that he wouldn't get that much time with her. He also said he would not have anyone to watch her. When I went to a lawyer in Syracuse he told me relocation cases were hard to win and that I would def need a lawyer to take him to court. He also said he wrote up a petition to the court several times and never did....so I am not sure he is very credible. I just want to make sure this is something I can maybe do without a lawyer. My husband now has been in Ellie's life since she was 2.5. He does everything a father should do for his daughter. We just want to be together as a family. thank you for any of your input
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