Here's my situation. Perhaps someone has pertinent information that can help:
My daughter is eight and a half and lives with her mother about thirty minutes from me. I have her every other weekend and extra time during summer and holidays. My record of keeping my visits and paying support is impeccable. I live about three and a half hours from my family in another state. I would like to move there to allow my daughter to get to know her grandparents, aunts and uncles and cousins better. She loves our visits there. This is even more important for my child than for many, in my opinion because she has no relatives on her mom's side except for one older stepaunt in another state.
My divorce decree states that neither me or my ex can move out of state except for 'compelling reasons' until my daughter finishes high school.
My ex will not agree to me taking my daughter out of state for frequent visits. Rather than fight this out in court, I'm wondering this: If I keep my rental home here, even though I would be working and living in another state, could I avoid having to address this issue in court? My taking my daughter to see my family every other weekend would be my business, I would think. I have also considered taking her there one weekend a month, and visiting with her here the other weekend, to save her the car trips, and as she gets older, increasing her time on the road. I do have my child's best interest in mind.
Has anyone else done this, and if so, how did it work for you? I want to be able to avoid going to court over this issue if I can. Could I be brought to court by my ex for taking my child to see her relatives out of state? Does anyone know if maintaining an address in a state constitutes residency?