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Moving one County

Snickers's picture
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My husband has joint legal and physical custody of his children. We live in the same county as BM. I want to move to different county which would increase the drive time to their school by 10 minutes. Has anyone ever heard of losing time just because of a move like this? I imagine if we are still able to fulfil the order as it’s written then it wouldn’t be an issue. 

 

tog redux's picture

If it doesn't say anything in the order about moving, and it doesn't affect BM negatively (as in, she now has to drive a hour further to pick them up/drop them off), then you should be fine.

Where I live, I can drive to two different counties in 5 minutes. So leaving the county should not be an issue.

hereiam's picture

Ten minutes is nothing. If your husband is still willing to drive them to school, there shouldn't be an issue.

STaround's picture

She may object that she is already doing a lot of driving.   I never heard of anyone going to jail, but DH might be ordered to do all the driving and lose time. 

Snickers's picture

Nothing in the court order about where we live or anything. We exchange through school or at a specified location in the CO. Us moving 10 minutes further away wouldn’t change that. 

ndc's picture

In my SO's CO it specifies the number of miles a move has to be before he has to give a notice and BM has an opportunity to object (I think it's 60 miles).  My assumption has always been that as long as a move is less than that, there's no issue.  SO sold their marital home last year and moved to my house (6 miles, 11 minutes) and no one even gave it a second thought.  If it's truly 10 minutes, I can't imagine she has reason to object.  A 35 minute car ride is reasonable.  Kids are routinely on school buses for over 35 minutes.  When I was growing up, I only lived 6 miles from the school but my school bus ride was definitely over 35 minutes because of all the stops, and it took an hour for the kids who got on first.  Maybe you should look into how long bus rides for kids at your stepchild's school can be.   I don't see how the BM can object if they're in the car for less time than kids in the district are on the bus.

MrsStepMom's picture

I cannot imagine that 10 mins would cause a problem. But then I couldn't imagne BM would tell us that obviousy she shouldn't have to pay child support because SS doesn't live with her.

Rags's picture

As I understand it, many jurisdictions do not change visitation or custody for a move that does not make a material difference to the situation.

In our case the visitation schedule remained in place as long as we lived no closer than 200 miles to the BioDad.  If we had moved to nearer than 200 miles it would have shifted to an EOWE visitation from 7wks per year (5wks summer, 1wk winter, 1wk spring.)