We have 50/50 custody of our daughter (8). This has been the agreement for our daughter's entire life, as we practiced this prior to the filing of the parenting plan in 2013. My ex is the custodial parent. She has forewarned that I can expect to be served with an intent to relocate, as she wants to move over an hour away. (Her job will remain in City we still live in). She also mentioned she intends to change our daughter's school district (PP states a change of school/district must be agreed upon by both parents prior to any change taking place) and that she filed a recommended PP that will cut my residential time to weekends only. We currently have 5 days on, 5 days off on a rotating basis.
Do I have any shot at all of objecting to this move? Or in the very least, requested the PP stay the same, the school stays the same but that the exchange location be modified to accommodate travel time for each of us?
If you do nothing, the relocation will happen. No attorney in this forum can tell you the outcome. The court will make its decision based upon the 11 statutory factors set forth in the statute. There is a legal presumption in favor of relation and you have to overcome that presumption. It sounds like you need to hire an attorney if you do not understand the law and procedure.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
Of course you have a shot, the question is how likely. That i cannot answer. If you object, the court will consider the statutory factors in determining whether to allow the relocation. The 50/50 residential schedule works to your advantage, along with the "agreement" not to change school district. If she is still working in the area, it would appear that the child could still come here for school. What i do not know is the why she is moving. That is a big factor for the court. You should consult with an attorney early as opposed to late in the process.
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