Legal Question in Family Law in Maine
Moving out of state with child
My child's dad and I have have mutually agreed on shared custody for the past 9-10 years with no court intervention. My husband is out of work in Maine and has his entire family in New York. He wants to move there to get a job and support us. Although my child's dad and I have shared our son, it is my son's preference is to stay with me and my husband and is excited about the possibility of moving to New York. We recently got through a battle with my son about having to go to his dad's. He just does not like it.
His dad has him approximately 2 to 2-1/2 days per week. What is the liklihood that the judge would grant his father custody during the school year and me summer visitations versus the other way around? There is no abuse. He has been part of my son's life since the get go, although has 4 other children, one of whom also does not like going there and is out of his present marriage.
His dad is a good provider, although has been going to school full time and working full time for the last 9 years and so I definintely give more time to our son.
THank you
1 Answer from Attorneys
Re: Moving out of state with child
These kinds of cases are very difficult. You don't indicate in your query if the underlying judgment addresses the possibility of the move or the age of your son.
The general rule in Maine is that if you intend to change the residence in Maine, you are required to give the other parent thirty days written notice. This gives the other parent the opportunity to challenge the move. These cases tend to be about stability of the child. Therefore if you are moving out of state, that may be a factor against you, as your move would effectively cut off his visitation except for summers and holidays.
If the family is out of work and your current husband cannot find comparable work in Maine, that is a fact that could help you, although your work (or lack thereof) is more pertinent than your husband's.
Your son's preference might be the tipping point, but it really depends on his age. Courts do not coinsider a child's preference until the age of 12 and, even then, they do not give it very much weight. As they get porgressively older and older, the weight attached to their preference increases as well.
Therefore, trying to predict the court's decision will depend on many factors. If you would like to discuss this in more detail, please give me a call.
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