I've been divorced 5 years, we split custody by rotating weeks and each pay half of everything for the child. Our custody is set up via a notarized Separation Agreement, as we had an amicable divorce. Neither of us is remarried. We have rotated custody every week for the past 5 years. If I get married and move out of state, will a judge rule to allow me to take my child for 6 months out of the year and then let the child return with my Ex for the other 6 months?
Divorce / Separation Lawyer
Hopefully you will be able to amicably resolve this with your ex as well. If not and your separation agreement was incorporated into the divorce judgement, you will have to file a motion to modify custody in that same docket number. If it was not incorporated, you have to file a Complaint for child custody and custody is determined de novo (as it has never been litigated).
Is the child home schooled? How would he or she be able to live six months in one state and six in the other? Is that in the child's best interest? What is the motivation for the move? There are relocation cases (see blog link below) that require the judge to consider certain factors in deciding whether the child will live with you or your ex if the judge determines primary placement should be with one parent over the other.
Consult with an attorney!!!
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