At the initial motion hearing you will need to show that there is a permanent change in circumstances affecting the well being of your son, that warrants a custody trial to determine his best interests. Be prepared to prove your allegations. Driving without a license is a major one, although it may have been present the first time the court filed the order.
I would not mention the 15 minutes in relation to child support. This will make you look like saving money is a reason you may really want custody. You can say that she purposely moved with your child to punish you, as an example of her not having him in her best interests. If you cross this hurdle, the court will investigate both homes and should order a psych Eval of both of you. Good luck.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Has the court decided on the motion yet? If you were the party filing the initial motion, you have the opportunity to file a reply to any cross-motion or responsive certification that she filed. Custody and parenting time issues are decided in the child's best interests. Often times, absent any domestic violence issues, the parties are first referred to court provided mediation to try and work out an agreement.
Mom moving 15 minutes away is unlikely to affect either party's ability to exercise parenting time and the increased transportation costs would be minimal. It would be unusual for the court to adjust child support for that reason.
This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.
Any time you can establish a significant, permanent change of circumstances since the entry of the last Order addressing custody and parenting time was set you can file a Motion seeking an adjustment to the custody / parenting time plan. A party moving 15 minutes away is unlikely such a change of circumstance. However, if the other party's driving privledges have been taken away since the last Order that may be a relevant change of circumstances. Further, sometime the passage of enough time in and of itself will be sufficient, i.e. the court recognizes that parenting an infant is different than parenting a three (3) year old, and will generally modify a parenting time schedule that was entered when a child was an infant vs. asking for a new parenting time schedule when the child is older.
Kenneth A. White, Esq.
Shane and White, LLC
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
I concur. You need to get the advice of a competent Family Law attorney to protect not only your rights but the safety and living conditions of your child. Make the call today so that the attorney can have sufficient time to prepare for the motion and present the best case for you in court.