Custody and relocation

[guestpost]

I will be starting divorce action soon. My husand and I have had brief conversations about custody. He travels 3-4 weeks per month out of the country, with occasional weeks and/or at home. There is no question that I will have primary custody. He has stated that he does not want to commit to a visitation schedule, he'll just see them when he can. He has stated he does not want to commit to a house or apartment large enough for overnight stays, just will have them during the day. He has said he doesn't want to commit to an entire weekend when he is here, as he usually 'has so many other things to do'. The kids are 12 and 14.

I want to move out of the state so we can be closer to my family. If he is unwilling to share custody, even have a diminished partial custody role, will he still have the right to contest my move? Or, I guess I'm asking if in this situation, he will have much influence. I'm not sure he will contest, but think he will. I don't want to start a battle I am sure to lose.

I am wondering what his rights are if he does not want to commit to any visits or partial custody.

Thank you for any insight you can provide.

 

[Michael Wechsler]

Others here will have more insight than I do. Fortunately you're in a good position regarding custody and they most important factor is the "best interests of the child." If he's out of state and plays very little role in your life and your job and family are close buy, my gut feeling says that provided you aren't moving them completely across the country, it will be difficult for the father to contest an out of state move that requires just a little extra effort on his part. I'll leave this to others to provide their insight.

 

[Proserpina]

With Dad being out of the country 3 weeks out of 4, the court will have great difficulty denying the move. Dad cannot take custody himself, so there's little option other than to grant Mom's petition.

(I'm pretty sure OP has posted this question before - maybe elsewhere?).

 

[Michael Wechsler]

(OP may not have posted elsewhere. FYI - We're working out the kinds of the new registration system. Just a handful of OPs will need to come back and register or post as a guest to be approved. I'm also trying to make sure these threads are fully visible too.)

Regarding the question, I'm in agreement with you. Very difficult to contest a move when you're not around to provide an alternative solution or compromise.