I have a 3 1/2 year old daughter. We recently relocated to PA due to a new job and school. Our current custody agreement was I had her 5 nights a week and he had her 2 nights. I offered to fly her home one weekend a month and he half-heartedly agreed when we left. He now has filed for temporary custody. What does that mean and do I have to give him more than one weekend a month? Thanks!!!
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Temporary Custody
- Thread Starter aliciamae
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shrinkmaster
Well-Known Member
What does your custody order say about moving? Expect to be on short end of this stickif you moved without other parent and court approval
Proserpina
Moderator
Agreed.
This may actually be something of a slam-dunk for Dad. While he can't force you to return, Mom, he may well be able to force the return of the child.
You're switching him from 2 nights PER WEEK to one weekend PER MONTH? That's a huge difference. How is that going to benefit the child?
When you say "We" had to relocate for a new job - does that mean you, or your current spouse?
Colorado has what's known as a "shifting" burden of proof. There is no presumption either in favor of or against relocation; however the initial burden of proof is on the relocating parent to show that the move is in the child's best interest. If that burden is met, the burden then shifts to the non-relocating parent to show that the move is NOT in the child's best interest.
Again though given the amount of time Dad already had with the child, Dad has at least a decent chance of getting custody.
This may actually be something of a slam-dunk for Dad. While he can't force you to return, Mom, he may well be able to force the return of the child.
You're switching him from 2 nights PER WEEK to one weekend PER MONTH? That's a huge difference. How is that going to benefit the child?
When you say "We" had to relocate for a new job - does that mean you, or your current spouse?
Colorado has what's known as a "shifting" burden of proof. There is no presumption either in favor of or against relocation; however the initial burden of proof is on the relocating parent to show that the move is in the child's best interest. If that burden is met, the burden then shifts to the non-relocating parent to show that the move is NOT in the child's best interest.
Again though given the amount of time Dad already had with the child, Dad has at least a decent chance of getting custody.
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