I am getting ready to get a divorce from my wife, it is uncontested, she has moved an hour away with her boyfriend. We have 2 children, ages 5 and 2. Originally we agreed on shared custody but since she has moved she does not have a lot of free time to see the kids. While I am working my parents watch the kids, they have always watched the kids while we work. I am concerned that even though we have agreed to shared custody the judge may not and grant her custody. I do not wish to take the children away from her, but at the same time I do not want to lose them.
If there is a written shared parenting plan that the parents have entered into, the Court will only interfere with it if is incomplete or has something that the Court has objection to. (I have never seen this occur - but it would be possible). The same goes for an uncontested divorce where there is an agreement filed - the Court will only interfere with it if it is incomplete or one party is clearly being forced to accept a substantially unfair "agreement". This is also very unusual.
If you don't have an agreement, then the court may grant her custody, grant you custody or grant shared parenting (if a plan has been submitted - even if not agreed upon between the parties).
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First, if you and your wife are in agreement on everything, why not get a dissolution? But yes the court will approve your agreement unless one of you objects to the shared parenting plan.
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