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Messages - mag

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Moms Without Custody / NCP moving out of state
« on: Feb 19, 2007, 11:39:03 PM »
My ex and I have joint custody (45/55 in his favor) and are both active duty (AD) military in California, where our divorce occurred.  In July I am leaving AD and moving back to VA, where both his and my parents reside.  I'd like to take our son with me, and here are my reasons:

* Moving to VA puts our son extremely close to his extended family on both sides.

* I already have a job with a daycare, so our son could spend a significant amount of time with me, even while I am working.

* Since the ex is remaining AD, and plans on staying in for the next 14+ years, I will be able to provide our son with the homestead, stable environment that his father will not.  Also, AD means possible deployments, and he narrowly escaped this last one.

* Additionally, although the visitation order only grants me 45%, I have been logging hours since October, and I have had anywhere from 53 to 61% of the time with him, due to the father's work schedule.

I know that generally the courts don't like to change up custody once it's established, but do I have a decent shot here?  Will I need to hire a lawyer?  The last custody proceedings were file, mediate, support hearing, and all the lawyer did was stand and say that I was there.  How much different will this be?  Also, the divorce decree does not restrict me or the ex from moving out of state, only from changing our son's residence w/o the other's consent or a court order.

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