I've got my final custody hearing in a month. For those who haven't seen my earlier posts, my daughter lives with me and has since December '04, since her mother moved out of state. I allowed her to visit her mother over the summer and she will be there until the 1st of August. Her mother lives 500 miles away and the Judge said she cannot move her away from me. Anyway, she lives out of state, my kid lives with me, but on paper she is still the primary custodial parent. The purpose of the next hearing will to make me the official CP, and set my ex's visitation, CS, etc.
My attorney sent her a generous proposal which would give her more visitation than a Judge ever would. She agreed to it except for one thing - she won't voluntarily sign over custodial rights. She also fired her attorney and refuses to hire another one. Pure logic would say that the judge couldn't leave her as CP, since she doesn't live here and will have visitation a max of 100 days a year. Has anyone ever heard of a successful argument for a parent keeping CP status when they don't live with the child? Just curious, I don't want any surprises this late in the game.
