If he sees them all the time and you move away, what would that look like an hour away with school/activities/camps/friends, etc. That may be what's he's concerned about and you are taking the time he has away. |
If at all possible, wait until he leaves. It sounds like it's a matter of months and then he will be overseas for 3 years? At that point, big changes will already be happening as far as him seeing the kids all the time, so if you pick up and move he doesn't really have much of an argument against you. |
| ^^And while I'm no family lawyer I have a hard time believing a judge is going to award him full custody because you realized FFX county is expensive and decided to sell the house and move to a different county nearby. Especially when he doesn't have a place to live of his own! |
| What is an hour west of Fairfax? West Virginia? |
| I would sue for custody too. |
He gave up equity so the kids could stay in the family home. She is reneging on that. Of course he should sue her. |
They had an agreement and she is not keeping it. |
He can't sue her for that, unless the decree says she HAS to stay in the home. If he wanted the kids to stay in the house so badly, he could have bought her out and they would be in the house on his parenting time. OP, what does your decree say regarding moving distance, or what is your state's normal decree distance? Like, how many miles away. |
| Can you maybe get a condo or a smaller house? |
| You seem way ahead of yourself. First step, get him out of the house. Second, agree on custody and financial split/support (it’s not based just on expenses). Third, do not tip your hand to moving. Wait until divorce is final and he is overseas and then consult lawyer on options. |
Read the post. Divorce is done. He gave her the house (which assumes she will stay) and moved nearby. He is very active in the kids lives so her moving an hour away would not allow him to be that involved when he is at home. |
No, you need to read. He is still living in the house. It sounds like she is paying for all of the upkeep of the house and he is living there for free and insisting that she keep it. OP, is he paying you rent to live there? |
| Wait until he’s overseas and then move. He can’t make you stay in Fairfax County when he’s already gone. |
No, it's west Virginia not West Virginia. |
Charles Town, WV is about 1 hr, 12 minutes Northwest of Fairfax. But yeah, I guess the closest thing to exactly 1 hour due west of Fairfax with be Middletown, VA (right about where I 66 meets I 81) |