I have been living in my brother's apt. for 18 mos. while I got divorced. I have my 12 year old special needs son every weekend, and additional days during school vacation weeks, federal
mandated Mon. Holidays, and bi-weekly in summer. I have 50% joint physical custody. My brother now wants me to vacate and rent a room while I await the sale of my marital home. I need to relinquish my visitations temporarily back to the mother or have them in my rented room. We have had a lengthy battle over custody and I do not want to jeapordize my time established in the parenting plan.
Your parenting-time is not dependent on your residence unless there is specific language in your settlement agreement/judgment. Consequently, you can move anywhere you want so long as it doesn't impact your ex's parenting-time. However, be prepared for your ex to file a complaint for modification if she feels your new residence is inappropriate or unsafe for your child. Consider, when renting a room, if it is large enough to accommodate you and your child and you can make suitable sleeping arrangements for overnight visits. Also consider cleanliness of the room and the building, and the background and reputation of your immediate neighbors.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline