Would Ex's move into another county be a "change in material circumstances" to modify parenting schedule and child custody?

Ex-wife currently lives in same city as I do about a mile away from me. She teaches in neighboring county where my son also attends school. It is about a 35 mile one-way trip to school for the both of us. When I take him it is an hour and a half round trip with traffic. She is getting married June 15th. They are relocating to the neighboring county so she and our son can live in same school district and cut down on their drive time to and from school every day. She is PCP with about a 60/40 split in parenting time. I'm highly involved in all of my 5 y/o son's activities (church, school, sports, etc). I'm hoping this would be enough of a material change in circumstance to justify a change in parenting time to a 50/50 Joint Custody schedule. Thank you for your input!

Valdosta, GA -

Attorney Answers (2)

Glen Edward Ashman

Glen Edward Ashman

Divorce / Separation Lawyer - East Point, GA
Answered

While you need to speak to your lawyer with details, it is highly unlikely that a move of that short a distance would result in any significant modification. At best, some tweaks might be needed in visitation, and it would save you thousands of dollars in legal fees to talk those small changes out rather than to start a battle.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
Judy A. Goldstein

Judy A. Goldstein

Child Custody Lawyer - Mokena, IL
Answered

This is a question that should be addressed to your attorney and if necessary, brought as a motion. What would be your reason to change to 50/50 when really what you might need is a modification of the present schedule, regardless of the exact time?

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.