Job opportunity out of state

[jobformom]

My ex and I divorced almost a year ago.  There is significant difference in our salaries and the child support payments are very minimal (<$300/mo)  for our two kids.  It is very difficult for me to make ends meet each week and have significant debt since the divorce.  We currently have 50/50 joint custody.  I have been offered a job 800 miles away and until the other night my ex was open to moving assuming he could find a job.  This job brings his and my salary to about equal and it is a huge career move for myself.  I need to make a decision soon regarding the job offer and I don't know if accepting it would jeopardize custody issues with the kids.

The kids are 4 and 6 (PK and 1st grade) and in our current situation we rely on my family to support watching them before and after school hours until we can get off of work during the week. I'm concerned that with the kids starting up school again soon and my family's support will put him in favor for sole custody if I take this job opportunity.

My question is:  Is advancing my career and increasing my income enough leverage to request the move out of state and bring the kids with me?  Are there other options that I'm unaware of?  What is it that I need to show to a court that the kids moving with me is in their best interest?  Can we still have 50/50 custody even if I move 800 miles away?

Thanks.

[Simplydad]

Advancing your career could be considered a change in circumstance but I really doubt it would carry any weight with the courts allowing you to take the kids.  While the best interest of the kids is supposed to be the courts main concern it will be very difficult for you to sway a judge to allow you to remove the kids since your families are there.   They will have take into account that when you move it will be just you and the kids.  While if they stay it will be the father, kids, all other family, friends and the life they have always known. 


I think the best course of action here is to see if you can get your ex to agree to some sort of arrangement.  No court is going to give 50/50 custody with an 800 mile gap.

[tigger]

The change in circumstances is YOURS. To change custody the CHILD has to have a change in circumstance and there hasn't been one.

[Spaceman1982]

In Nevada, that wouldn't fly. If you want the new job they would make you give him primary custody. In my state. The only way you can move is if you have primary and can still give the other parent the same time share.