I am a single mother of 2 young children. My ex has main custody of them (I see them every other weekend) because I am going to school 5 hours away in another state. I graduate in 6 weeks and am staying because I recently got engaged. Children need their mom, especially when they are 7 and 4. I am wanting to gain custody of the kids, ideally they would be with me for the school year and their dad could have them for the full summer break, with one weekend a month and every other holiday.
Is asking for the kids even possible since I am out of state 5 hours away? Every kid deserves to be with their mom.
First of all, it is unclear what law applies. If the present custody order was entered in an Idaho case, a modification motion would have to allege and prove that a substantial, material and permanent change in circumstances has occurred since the entry of that order. Without such a showing under Idaho law, the best interests of the children will not be considered. Even if such a showing were made under Idaho law, a court might be quite reluctant to make a change in the residential custody that would move the children to a new school and away from current friends. Family law varies from state to state, so if the existing order was entered in another state, experienced family counsel in that state should be consulted on the possibility of modifying the order.
This general information about the law and legal procedure is offered as a public service, and not intended as legal advice in this or any other case.
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