Joint child custody both physical and legal. Father wants to relocate 500 miles away. Child is 9 year old girl.

Asked 8 months ago - Goodland, KS

My ex-husband and i divorced and have a parenting agreement of complete joint custody of both physical and legal. We rotate weeks Thursday to Thursday per her school schedule. He just told me he wants to move 500 miles away. He wants to let our child decide who she wants to live with. She is only 9 years old. She wants us to decide. I know we can't come to an agreement amongst ourselves. He is moving to find a better job and to be closer to his family. I currently live with her half sister and family(3 adults and 3 children including her). My living arrangement is permanent, I do not and won't have to work therefore being able to care for her 100% of the time. I have always taken her to doctors and taken care of anything to do with school. What are my options?

Attorney answers (1)

  1. Meredith Landmann Lawrence

    Contributor Level 14

    Answered . If you and the father are amicable, I would suggest the two of you go to a mediator who is also a lawyer to discuss the possible parenting plans if your ex-husband moves. At 9, your daughter is really too young to have this burden on her -- and most judges will only strongly consider the opinion of an older child (at least teenager) anyhow.

    If you are doing everything 50-50 right now, neither you nor the father are the primary custodial parent. All other things being equal then, a judge would likely be more inclined to have your daughter stay with you the bulk of the time instead of move with her father, and then see father on vacations and such. You will need to have your situation thoroughly reviewed with an attorney in your area if you want a more precise analysis because the standard -- the best interests of the child -- involves an intensive factual inquiry.

    Best of luck.

    This post is for informational purposes only. You should not construe it as a legal opinion on any specific facts... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Legal custody

Legal custody of a child means that a parent has legal authority to make religious, medical, or other significant decisions that affect a child's upbringing.

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