How difficult to get full custody if I'm moving?

Question

I want to move to NY. I have 2 kids from a previous marraige. My ex and I share custody, and I pay him child support. I want to get out of my small city, and go live somewhere that excites me and will provide more opportunity for myself and my kids.

He has said he will fight me for custody. I don't want to hurt anyone (the kids will be hurt enough because of the divorce as it is).

The kids spend 1/2 their time with their dad, where they all share a 100 sq. ft. room in a 1600 sq. ft. house with 3 single male roommates. I am uncomfortable with their living situation (my ex sleeps on a matress on the floor with my 2.5 year old, the 1 year old sleeps in a play pen...). Will this help me, or does the court see this as none of my business? I just wish he used my child support to get a better place to live...althought I understand I have no say in this.

Do i have any hope?

Answer 1

You have every right to try to better yourself even if it means moving to another area.

You already share custody so the courts would prob just work out a new way to divide the time between parents (i.e. school with one and summers with the other parent)  Your children aren't in school yet but a similar time divide could work.

Best case scenario you and your ex would decide the time split by factors that effect your children (such as best area school system)

Although you don't approve of his current situation- it would be EXTREMELY difficult to get full custody if he is not actually endangering them.  As they get older the lack of privacy could come into play- but as they are still so young it prob wouldn't count too much in your favor.  

Likewise he wouldn't have much of a chance getting full custody either.

Hopefully- once the divorce has settled and isn't so raw- you and your ex can discuss these things amicably and decide what is best together.  Until that time you may want to consider having a court or mediator lend an impartial view as to the best way to handle this.