I am trying to move my whole family, my husband, 4 kids and myself.

Thomas K. Mallon, Divorce / Separation Lawyer – Towson, MD

That is certainly more helpful, you will still need to go through the custody factors and present a case explaining why it is in your children's best interest to move to West Virginia. You will also want to explore additional visitation options that may work in granting dad more time or at least the same amount of time with the children if possible, such as more time in the summer and over any holidays and school breaks whenever possible. In that way you are at least taking away, at least negating the objection he would have against loosing time with his children.

Here are the custody factors you need to consider:

a Fitness of the parents

b Character and reputation of the parties

c Desire of the natural parents and consent agreements if any

d Potential for maintaining natural family relations

e Preference of the child when of sufficient age and capacity to form rational judgment

f Any material opportunities affecting the future life of the child

g Age, health and sex of the child

h Suitability of the residences of the parents and whether or not the non-custodial parent will have adequate opportunity for visitation

I How long the child has been separated from a natural parent who is seeking custody

j The effect of prior voluntary abandonment or surrender of custody of the child

k Best interest of the child

These factors are further explained in the case Taylor v. Taylor

a Willingness of each parent to share custody

b Psychological and physical fitness of each parent

c Strength of the relationship of child with each parent

d Potential disruption of shared physical custody upon child's social and school life

e Geographic proximity of parent's homes

f Demands of parental employment

g Age and number of children involved

h Sincerity (motivation) of parent's requests

I Financial Status of the parents

j Impact on state and federal assistance

k Benefit to parents

l Other Factors