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50/50 custody and commuting for parenting time

El Mirage, AZ |

My Fiancee & I have bought a new house 55 miles from where I live now. I am prepared to commute our two girls ages 6 & 4 to daycare & school on my 2 parenting days and every other weekend. I would prefer that we place them in school & daycare in our new area of Gilbert. We have joint 50/50 custody. I informed him of this move via email so it would be in writing. He never responded & when asked he said I would need to talk to his lawyer. He said that an hour drive is too long for a communte. I look at it as time with them.My fiancee & I will be providing a stable home enviroment, this move will benefit all as I have older half sibs that help out & are support where he does not have anyone to help. Can he prevent or change my parenting time because I moved to better my life & my kid's life?

I also can work from home. Until recently I was paying him child support but worked it out that instead of child support that we just split the day care. Would the Judge look at the stablility of a house hold? He has moved 4 times in two years, has had several women in & out of his life that he has introduced to the girls.one moved all the way from Iowa to leave only after about 3 months. My ex does not have a support system & I have had to take the girls on several occations on his parenting time because he was sick & said he couldn't watch them. I was more than willing to take them as I would never pass up a time to be with them. I just want to know if I show I am willing to work out some sort of plan & that I did not relocate over 100 miles would the courts still honor my 2-2-5-5 parenting time with my girls? Would they consider letting me put them in the Gilbert/Chandler school system? Thank you in advance for any and all advice.

Attorney Answers 1


  1. First and foremost, Dad has just as much right to parent as you do. It does not appear that you are giving that fact the "weight" that you need to.

    You knew that you had to share the children 5-2-2-5, yet you made a decision to move 110 miles round-trip from the other parent, thus making the equal parenting impossible?

    Most judges are not likely to find that time spent in a car driving from one end of the county multiple times a week is quality time or in the children's best interest. If you move that far away, the 5-2-2-5 plan is probably not going to be feasible any more.

    If you move that far, the court will likely have to change the arrangement, that is, the kids will probably have to live primarily with only one parent. While the judge's decision will be based on the best interests of the children, you should seek immediate legal counsel as you likely will see your children every other weekend and alternating holidays.

    Information provided on this site does not constitute legal advice. We offer free initial consultations that require completion of a questionnaire detailing your situation and a personal one-on-one attorney interview to provide qualified legal advice.

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