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  1. #1

    Default Change of Primary Custody

    I have a question about change of custody and how easy it is to obtain it. The child in question is my step daughter, so I will do my best to explain from his point of view.

    Husband and wife divorced in the state of Mississippi. Wife has primary custody. It is joint custody. Husband resided in the state of TN at the time of the divorce.
    Wife remarried two months after divorce to an illegal immigrant.
    Husband remarried four months after divorce.

    Husband moved to Arkansas due to new wife's job transfer. Husband wants to seek change of primary custody so that the child lives with him, but both parents still having joint custody.

    What is the likelyhood that the courts will award primary custody to the husband? Economic factors are better, schools are better in husbands situation.

  2. #2
    Join Date
    Jul 2006
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    984

    Default Re: Change of Primary Custody

    Quote Quoting floridatennesseegirl
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    I have a question about change of custody and how easy it is to obtain it. The child in question is my step daughter, so I will do my best to explain from his point of view.

    Husband and wife divorced in the state of Mississippi. Wife has primary custody. It is joint custody. Husband resided in the state of TN at the time of the divorce.
    Wife remarried two months after divorce to an illegal immigrant.
    Husband remarried four months after divorce.

    Husband moved to Arkansas due to new wife's job transfer. Husband wants to seek change of primary custody so that the child lives with him, but both parents still having joint custody.

    What is the likelyhood that the courts will award primary custody to the husband? Economic factors are better, schools are better in husbands situation.
    In what state did the divorce occur and what court issued the orders concerning the child? Is mom unfit? Is child support current? How far apart do mom and dad live now and what are current visitation orders? How old is the child?

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Change of Primary Custody

    Quote Quoting floridatennesseegirl
    View Post
    I have a question about change of custody and how easy it is to obtain it. The child in question is my step daughter, so I will do my best to explain from his point of view.

    Husband and wife divorced in the state of Mississippi. Wife has primary custody. It is joint custody. Husband resided in the state of TN at the time of the divorce.
    Wife remarried two months after divorce to an illegal immigrant.
    Husband remarried four months after divorce.

    Husband moved to Arkansas due to new wife's job transfer. Husband wants to seek change of primary custody so that the child lives with him, but both parents still having joint custody.

    What is the likelyhood that the courts will award primary custody to the husband? Economic factors are better, schools are better in husbands situation.
    You are this man's second wife (the same one transferred to Arkansas) and you are asking if petitioning the court in Mississippi where custody orders were issued will award full custody to your husband based on wife married an illegal immigrant?

    The economic issues are not as relevant as the court attempting to insure the child or children are able to sustain a relationship with both parents.

  4. #4

    Default Re: Change of Primary Custody

    I am the second wife that currently resides in Arkansas with the husband.
    The mother is not unfit, we just feel the living situation would be much better with us (more stable, better schools, etc).
    The custody and divorce orders were all done in Mississippi.
    We are now 5 hours apart, which still makes visitation conceivable. Joint custody is in place now and the child is 5.
    Child support is current.

  5. #5

    Default Re: Change of Primary Custody

    Hi!
    I was just checking in to see if anyone had any advice?

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Change of Primary Custody

    Quote Quoting floridatennesseegirl
    View Post
    I have a question about change of custody and how easy it is to obtain it. The child in question is my step daughter, so I will do my best to explain from his point of view.

    Husband and wife divorced in the state of Mississippi. Wife has primary custody. It is joint custody. Husband resided in the state of TN at the time of the divorce.
    Wife remarried two months after divorce to an illegal immigrant.
    Husband remarried four months after divorce.

    Husband moved to Arkansas due to new wife's job transfer. Husband wants to seek change of primary custody so that the child lives with him, but both parents still having joint custody.

    What is the likelyhood that the courts will award primary custody to the husband? Economic factors are better, schools are better in husbands situation.
    Usually the courts will go with the status quo absent any proof that the child is abused or neglected in the present CP's home. Unless his ex agrees, there may not be much that he can do, but he should get a consult with an attorney anyway.

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