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Can father seek primary custody after mother moves 3 times in 6 years?

Your Question:
My co-habitating boyfriend of 6+ years has a 9 year old son from a previous relationship. The mother has primary residency, but the visitation schedule is 50/50 (we have the child 2 days during the week and every other weekend). In the last 6 years she has moved 3 times - each time to a new school district. Each move has been the result of an ending relationship or the start of a new relationship. The father has filed for a change in primary custody based on this instability. What are our chances? At first it seemed like everything was going well - the guardian ad litem had recommended that the court give the father temporary primary residency so that the child would not have to change schools, but the judge would not put in place an interim order. Now it seems that the GAL thinks that any time the dad asks a question he is being difficult.

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My Answer:

The federal government has a 2-year residency threshhold on being able to avoid short-term capital gains taxes on the sale of a home.

If the federal government considers 2 years as an indication of established residence in a home, I don't see it likely that the state government will consider 3 moves in 6 years as excessive enough to warrant a custody change.

If that's your best evidence, I think he'll lose.

If the court already declined to order it, and if the GAL is no longer on Dad's side for the change, it's even more probable that he'll lose.

One question that I have - with regard to what's best for the child - is how it benefits a 9 year old boy to see his dad living with and sleeping with a woman who is not his wife. I would not be comfortable having that as a model for either of my kids.


Your Response:
    you self-righteous ass.... nice neutral opinion - guess it doesn't matter that we are in a 6 year relationship and Mom is in a 3 month one.

My Reply:
    I'm not neutral, and neither is my opinion-- nor did I ever claim to be. Such is the luxury of running one's own website. Perhaps ask Dr. Laura the same question, and see what she says. :)

This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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