Asked about 1 year ago - El Mirage, AZ
FlagMy 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?
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.
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