Quote Quoting nichole79
View Post
WOW!! Thanks so much!!

Regarding custody: Do we have to go though a court process to decide who gets custody? Or is it typically given to the mother provided she is a fit parent (which I am more than). He wants joint custody...but I honestly think it's only because he thinks he wont have to pay child support that way. And I really wouldnt mind joint custody, the only problem is I would like to move out of state in the future. How does that work?

You'll generally need to notify Dad of your intent to relocate; please be aware that you'll need to do this regardless unless your custody agreement gives you complete control over where the kids reside (which would be quite uncommon). If he fights, you'll have to show the court why moving is in the best interest of the kids (not you).

Generally the primary residential parent will be the one who has provided the majority of care - for example, if you've been a SAHM then you would usually remain the residential parent. Please also note that joint physical custody does not necessarily mean a 50-50 timeshare. It simply means that both parents have some form of physical custody of the kids. A 50-50 timeshare is not commonly ordered unless both parents are in agreement and when they live close enough together to make it work. Obviously if you relocate that's not going to work.