What are the chances that new law from 2010 means anything

Submitted by dragsterguy1 on Mon, 06/25/2012 - 21:43

So I am waiting for a court date to discuss custody.  we are still married and in the same house.  Boys WERE in private school.  Wife wants to move 3 hours away, out of state.  This new law is supposed to put more focus on what is best for the kids.  Anybody have any experience with this??  Marriage has been broken for 6.5 years, but I am a hands on Dad. 

1.  Have coached them in baseball for 3 years

2.  Never do much of anything around the house/shop until they are in bed

3.  Read with them/help them with homework (except when their Mom makes sure all is done before I come home from work)

We were separated before (2007) for 5 months.  Now, she wants to 'start over fresh with the kids' while living with her parents and sister.  3 hours means

1. No more coaching baseball

2.  No more seeing them during the week

3.  No chance to attend any school functions

4.  No time to help with homework

I have the best lawyer money can buy and she will ultimately fight for me, but I am wondering if anyone here has experience with relocation.

These boys are my life.  I quit a job that required 30% overnight travel, started going to church, stopped my lifelong hobby of drag racing, spend a ton on private school


My feeling is that even though they won't be able to be in private school (because I will not be given custody), they could go to the local public school and there are at least 15 kids there that they know.  New school, but NOT all new people.  Some friends. 


Any comments are appreciated.  Pray that my sons adjust.  I have not had a wife for 6.5 years, but they have always (except the 5 month separation) seen Daddy almost every night before bed. 

I hate quitters.  Some things are worth fighting for.  My sons are definitely worth fighting for.  I pray the judge does not allow the relocation


Wed, 01/16/2013 - 14:31

§ 5328. Factors to consider when awarding custody. 

(a) Factors.--In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, including the following:

(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.

(2) The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.

(3) The parental duties performed by each party on behalf of the child.

(4) The need for stability and continuity in the child's education, family life and community life.

(5) The availability of extended family.

(6) The child's sibling relationships.

(7) The well-reasoned preference of the child, based on the child's maturity and judgment.

(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.

(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.

(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.

(11) The proximity of the residences of the parties.

(12) Each party's availability to care for the child or ability to make appropriate child-care arrangements.

(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.

(14) The history of drug or alcohol abuse of a party or member of a party's household.

(15) The mental and physical condition of a party or member of a party's household.

(16) Any other relevant factor.


It would be up to the court and I would draft a visitation schedule. Meeting halfway so u see your children is acceptable. It can work. Moving doesn't mean you can't see your kids just tHat the visitation schedule needs to be changed.