Hi there, it’s my first time reaching out here. My ex and I have been discussing our child’s education plan. He has autism and doesn’t speak. I had to convince his dad to get him tested. We both remarried recently and have new babies in our families. My ex’s new wife is from another state and his family is scattered across the US. My family all lives nearby. Last night, my ex and his wife surprised us by saying they want to move closer to her family. They say it’s for better career opportunities and mentioned a good special education program at the new school. They call it a good faith move. But this means taking my son away from his siblings, grandparents, great-grandparents, aunts, and uncles. We have equal custody. I want what’s best for my son, but I don’t think moving him away from his lifelong family to be near his stepmom’s family, who he’s known for only a year, is right. They even offered to stop child support and suggested he could live with us once he reaches a certain grade. I believe changing his environment so drastically wouldn’t be good for him. Our divorce agreement includes custody terms. Can my ex do this? I fear we might end up in a custody battle.
When it comes to post-divorce child custody arrangements, they can indeed be modified, but typically both parents must agree to any changes. If parents cannot reach a new agreement, the court may need to intervene, and one parent can file a petition to modify the custody order. The decision will ultimately be based on the child’s best interests, considering factors like the child’s relationship with both parents, their adjustment to home, school, and community, and their specific health and educational needs.
Yes, you can move if you have 50/50 custody, but you’ll likely need to get permission from the court or your co-parent, depending on the custody agreement.