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My boyfriend and I are splitting up we have a 1 year old…

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My boyfriend and I are...
My boyfriend and I are splitting up we have a 1 year old son. I am moving back to my home town to be closer to family since all of his family is here it's two hours away. He is going to Petition the court tomorrow in the county we lived in I want to petition before he does in the county I'm going to live in. Can I do that will it effect anything? I don't want 50/50 I am okay with 60/40 or 70/30 not 50:50. He has a daughter he currently has 50/50 of. They do 7 days a piece. I feel my son is to young to do that long of block without seeing the other parent. I have been a stay at home mom with him since he was born. He has worked everyday til 7pm and then leaves on weekends. Will he get 50/50 and 7 days. Will he win if he files in this county?
Submitted: 5 months ago.Category: Family Law
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11/12/2017
Family Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,093
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Basically whoever files first will set the jurisdiction of where the case is heard in court. But if you aren't actually a resident of the old home town, even if you were to file there, he could ask that it be transferred to his county because you would still legally be a resident there until you live somewhere else for 6 months...

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That wouldn't stop you from filing in the hometown initially though.. it just might get transferred.

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As for the division of custody that is eventually established, the default is 50/50 unless there are factors that weigh in favor of an imbalance one way or the other.. But it is entirely up to the judge to determine what is "in the best interests of the child" so there is no way for me to predict what the division would be.

.

.

thanks

Barrister

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Customer reply replied 5 months ago
Does age matter when it comes to the child? will the judge stop me from moving if he has already agreed to it happening. I am so nervous. I do not want to see my child every other week. I want him to go to school where I live but he is saying he wants him to go here. Can I get full primary custody and we can have joint legal custody?
Customer reply replied 5 months ago
I have been his primary care giver since day 1. Is there anything I can do that will help my case
Family Lawyer: Barrister, Lawyer replied 5 months ago

When a child is in the "tender years"...usually birth to around 2, the judges tend to favor more custody for the mother simply because the mother may be nursing or be the primary caretaker..

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And no, he can't prevent you from moving... But you would have to comply with whatever order was put in place even if it meant driving back and forth..

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And yes, if he works all the time, logic would dictate that you should be the primary custodian with him having liberal visitation rights..

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But at that age, it is incredibly unlikely that it would be a 7 day block... more likely that he would get custody on days he might be off work with you having primary custody..

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Customer reply replied 5 months ago
Should I go ahead and let him file or should I file before him I have heard who files first matters. I'm worried the court will be in favor of him because he already has 50/50 of his first child but I am the caretaker of her as well because he is working. If the court is here I feel they will favor him because I am moving the child out of his home.
Family Lawyer: Barrister, Lawyer replied 5 months ago

If it were me, I would go ahead and file as there is a "first mover's advantage" and he may not realize he can try to get the case transferred.. If for nothing other than making it easier to go to court when necessary..

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Customer reply replied 5 months ago
Do you suggest I file in the county I've lived in or the new county? if we both file tomorrow what will happen? Will we have two court dates or will one be overided? I know he plans to file tomorrow so I'm hoping I can do it before him.
Family Lawyer: Barrister, Lawyer replied 5 months ago

I would file where you are moving if you are already living there.. If you both file and get a court date, once the clerks are notified, whichever is the later filed case will likely be transferred to the first filed case county.

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Family Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

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Thanks much

Barrister

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