There are 4 Judges (maybe 5 now, if Judge Parrott was replaced) and they all view this sort of request differently. The main reason for your move is a big part of your case. Are you moving for a reason any or all of the Judges there find acceptable? That's a tough one since none of us have the ability to predict what anyone, especially a Judge will say. If he is actually taking full advantage of his visitation periods and has done well with them - not missed any, been sober, not acted out or volatile, then he is working toward unmonitored visitation, which he may be granted at the permanent or final hearing if he continues to do well. If you look at it that way, if he gets unmonitored visitation at the final, whenever that may be, then he will have the child(ren) for a full weekend, every other weekend, and you'll be in another State. The Courts tend to work toward both parents having access to the children in a divorce situation, and this is similar to that since he is the Father and he is showing an interest. So, I cannot say that you have more than a 50/50 chance, given what information you have provided, under the circumstance I note here. Other concerns and considerations include what family there is here, where he, you, and the children presently reside. Any family here? Are the children old enough to have a lot of connection here to school, church, etc.? All of these are considerations. Without some heavy duty detail, it would be difficult to say whether or not your case would be worthwhile, at least at this time.
Danielle D. D'Eor-Hynes, Esq, Family Law Center, LLC; 478-971-1877; www.hynesfamilylaw.com