Motion for Relocation Filed by the Custodial Parent

Well, we are about to go through the adoption process as I have been around since he was 1 and his Biodad was never in the picture. So, I say stepson as "technically" that's what he is right now, but will soon be legally adopted son if all goes as planned. Yes, she has siblings at moms but they are half siblings who also get referred to as "brothers and sisters". My wife is pregnant and due in February so that will be her half sibling here. We won't bring up all of that in court unless necessary, but whether half, or step, they are still her siblings and all will be affected by this.

Quote:

---

Quoting Wildcat2015

---

Well, we are about to go through the adoption process as I have been around since he was 1 and his Biodad was never in the picture. So, I say stepson as "technically" that's what he is right now, but will soon be legally adopted son if all goes as planned. Yes, she has siblings at moms but they are half siblings who also get referred to as "brothers and sisters". My wife is pregnant and due in February so that will be her half sibling here. We won't bring up all of that in court unless necessary, but whether half, or step, they are still her siblings and all will be affected by this.

---

Ok, but until you actually adopt the child and he becomes her half sibling also, you need to refer to him as her stepbrother. She obviously has no full siblings as you and her mother only had one child. Half siblings ARE her brother(s) and sister(s). Step-siblings are not.

The point I was getting to is that the siblings at her mother's house will factor into the situation as they are siblings with whom she also primarily lives and to whom she is also primarily bonded. Therefore moving to your home would separate her not only from her primary caregiver, but from siblings with whom she has a primary bond. You never mentioned them at all in the first two pages of this thread, and in fact emphasized that her only "family" where mom wants to move would be her mother. Her siblings are her family too. Be careful and do not make that mistake in court.

You are not going to fare well in court unless you identify all of the factors that will matter in this situation and address all of them.

For child support, ask that she be imputed her current income. Both parents should support their child and her choosing to be a SAHM does not negate that obligation.

Quote:

---

Quoting llworking

---

It depends entirely on the child as to which would be the least traumatic. That is my entire point. That is the decision the judge will have to make.
Mom of course will make the argument that being separated from her primary caregiver would be more traumatic...and its a very plausible argument. It all depends on what is best for THAT individual child.

Dad, you also have to be careful about something. Your stepson is not your child's brother. He is your child's stepbrother. That may seem unimportant in the overall course of things but its one of those little things that can lessen your credibility in court. Does she have any actual siblings at mom's? If she does, that would factor in as well.

---

I disagree with the first part - and you and I know each other well enough to realize there's going to be no meeting of the minds on that one :D

The second part?

Depending on who spins it the best, that is a potentially critical point and should have been clarified from the beginning!

It's definitely not something I was trying to leave out of the situation, I guess to me, as well as their mom as well, her relationships with all of her siblings are just as important. I see what you all are saying as far as primary bond, however her and her stepbrother have grown up with eachother for the last 7 years. Her other siblings are 2 months old and 2 years old. So, to be honest, she actually has more of a bond, and people on her moms side will admit to this, with my son simply because of the closeness in age and being around him for a longer period of time.
All family members will obviously be discussed in the courtroom, I just simply know my daughter and the relationships she has with her siblings and I am sorry, I just don't put one above the other. Courts may, we just don't.

Quote:

---

Quoting Wildcat2015

---

It's definitely not something I was trying to leave out of the situation, I guess to me, as well as their mom as well, her relationships with all of her siblings are just as important. I see what you all are saying as far as primary bond, however her and her stepbrother have grown up with eachother for the last 7 years. Her other siblings are 2 months old and 2 years old. So, to be honest, she actually has more of a bond, and people on her moms side will admit to this, with my son simply because of the closeness in age and being around him for a longer period of time.
All family members will obviously be discussed in the courtroom, I just simply know my daughter and the relationships she has with her siblings and I am sorry, I just don't put one above the other. Courts may, we just don't.

---

I am sure that she does have a strong bond with your soon to be son. They are of similar ages and he is he primary "friend" when she is at your house. That does not mean that she doesn't have a greater bond with the siblings she primarily lives with. 7 year old girls, in particular, are very bonded to babies and toddlers (when they are not complaining about them, LOL). The bond between my nine year old granddaughter and her 2 year old brother is incredibly strong. She is like a little second mother to him. She describes him as "charming"...LOL, when in reality he is anything but because he is in the middle of the terrible twos.

She also has a strong bond with her other half siblings who live elsewhere. However, while she would miss them if she did not see them as often as she does now, she would be devastated to be separated from her two year old brother.

The two year old, on the other hand, is more seriously bonded with his 4 year old "bubba" (brother) who lives elsewhere every other week (different mom). He is also seriously bonded to his 9 year old sister, but he is inconsolable for 24 hours after bubba goes back to the other home for that week. I don't know what "bubba's" primary bond is because I have no observations of the other home.

So, the reality is that its different for every child as far as sibling relationships are concerned.