Relocation of my child to another state

[ricktlog]

Hello SPARC Members,

Thank you in advance for taking the time to read my message.

I am in search of advice on how I can better prepare for and win my custody trial.

Currently, I have a temporary custody order in place with my 2 1/2 year old daughter. My wife and I are currently separated. I live in the maritial property and she lives in an apartment 20 minutes from my house. My wife has temporary primary custody. I see my daughter for stayovers on Wednesday evenings and the on the weekends Friday to Monday morning.

My wife is trying to relocate to Florida with our daughter. Our trial begins in August 1st.

We just concluded a custody evaluation. The doctors recommendation was that my wife get primary custody and both parents should have joint legal custody. The current visitation schedule is to stay in place. The doctor did not make any recommendation on the relocation. He questioned the ability of me being able to have a nurturing relationship with my daughter due to her age, however he did say my wife has substantial benefits awaiting her in Florida. The doctor did mention that boths parents are loving and caring individuals.

My wife claims that if she is to move to Florida from Philadelphis she will be able to have a better support system that what is being offered were she currently lives. Her parents are retired and live in Florida. This is the only family she has besides an aunt in Europe. She plans to live with them for awhile then buy her own place. She claims better schools await her and a lower cost of living is gained in Florida. The doctor did not say this was whimsical.

My wife is an attorney. She has worked in good paying positions since she graduated from law school. She even returned to work after our daughter was born. Three months prior to she filing divorce and the relocation order she quit her job because our daughter had a biting issue in daycare. We agreed for my wife to be a stay at home mom for awhile. My wife was also burned out from work.

Shortly after my wife quit her job she went to visit her parents in Florida. I entered an emergency petition to get my duaghter back because my wife did not tell me when she was coming back with my daughter. Just prior to the deadline of returning home she filed for divorce and relocation.

I agrue that she can afford to support herself where she lives. The school systems where she lives are just as good of what is available in Florida. Her parents are extremely wealthy. They have supported her before while she was out of work. They bought her a house, new car and gave her spending money. The parents have three residence around the world. Currently, in the summer they live in the north and in the winter they live in Florida. My wife has only a few friends and no family where she currently lives. Where we currently live, there are plenty of jobs available.

My wife and I get along and the pickups and dropoffs go smoothly.

I have tested my circumstances against the three prong Gruber rule and they do not add up. My attorney says we have a chance, but my wife has the war bucks and has retained one of the best attorneys available. On top of that she is an attorney and highly motivated. I plan to fight this to the end.

I am open to any advise.

Thank you and god bless mens custodial rights!

[flewwellin]

Oh boy does this sound familiar!!!  My DH and I went through something very close to what you are going through last year.  Except she was leaving all her family to live with a boyfriend, had no job up there and yet claimed she could provide a stable happy life for the kids up there.  She had an attorney and we couldn't afford one. YOu are a step ahead of us.  She was granted relocation and primary custody.  This sucks for the kids, DH and all the family members down where we live, but they didn't take that into consideration at court. All I can say is good luck and I hope you kick her ass in court.

[TheParks]

What has happened as of late? I dont know if you read our situation but while my husband was overseas his ex moved to florida with his son...now that he's home we are in for the fight of our life to even maintain the visitation that was inorder. She wont let him call and said he is harrassing if he ever calls again...we dont have much money and our attorney here in Iowa has told us that unfortunately since she has served him with papers for her current husband to adaopt my husbands son that without the money for a flroida attorney we may lose....do you have any advice? good luck and god bless with you and your daughter
thank you
the parks