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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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my spouse wants full custody and me with only visitation but

Resolved Question:

my spouse wants full custody and me with only visitation but that doesnt sound good to me at all, what are my other options?
Submitted: 7 years ago.
Category: Legal
Expert:  lwpat replied 7 years ago.
If the two of you cannot agree, then you will have to go to court and let the judge decide. In a custody issue there are so many factors that it really depends on who can make the best presentation in court to show what is in the best interest of the children. Each parent has an equal Constitutional right to custody. As a practical matter the mother usually gets primary visitation and the father visitation. Your attorney is your best resource.
Customer: replied 7 years ago.
Relist: Inaccurate answer.
I want to know what my options are for custody she can be primary custodian but I want to be able to decide where he goes to school what state they live in, in relation to me.
Expert:  lwpat replied 7 years ago.
You can ask that the other party be restricted from moving. The usual restriction is more than 50 miles but that is subject to change if they want to go back to court. A divorce is a negotiation and you can ask that language to be put in the marital settlement agreement since I assume that is where you are in the process. If you cannot agree then you can make your case to the judge and whatever restrictions that you feel are reasonable. The judge will decide based on the best interest of the child.
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