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Custody Questions?? Need Clarifications

mndblwn's picture

So DH and BM have joint physical and legal custody at the moment. Skid lives and goes to school with us and visits BM on weekends, holidays and summers. She moved four hours away from us. DH is now going for primary physical custody because BM is below her 40% visitation and BM won't help take skid to his heart doctor appts, pay for medical insurance or help when she is supposed to with medical bills.

DH wants to be able to tell BM that skid isn't going with her because skid is sick and needs to stay home to get better. Can he do that with primary custody??

BM wants us to pay for travel costs. Is that fair when we haven't moved away?

Can I get what bonus my DH will get for having primary physical custody??


stepmama2one's picture

What you seem to be wanting is sole cusody, not primary custody. My husband and BM have joint physical custody but my husband is the primary custodian. You may be able to get a judge to allow him to keep the child but really unless you can show proof that she is neglectful when the children are ill then you probably wont have much luck. As for travel costs most parenting plans state that if moving parent moves so many miles away then the mover shall indure costs. If DH's plan doesnt say that then its up to them to come up to an agreement or to disagree and go to court for the judge to modify the current order. As for the last question Im not sure what you mean....

Not_what_I_wanted's picture

He can try, I think its ultimately up to the judge to decide if its worth changing. I could be wrong though. In our case, DH has sole physical custody and BM and he have joint legal custody. SD lives with us full time, has limited visitation with BM (holidays, summer, spring break, etc.) BM does not have EOW though.

Really there is no huge benefit to having sole, except that we do all the parenting basically. We do the dr appts, the events and activities. We do everything. BM moved and now lives 150+ miles away.