My ex wife and I have been divorced for two years. Our agreement is 50/50 split custody where we rotate weeks with the children. She is trying to get full custody so that she can move out of the state with the children. Her argument is that I've been unemployed and lived out of the area off and on and that I have not been able to exercise my 50% of the responsibility.
For several months after the divorce, I was able to uphold my half but was unemployed and unable to find work in our home town. Eventually I was offered a job out of state and felt that I should take it so that I could at least support my children financially. I was gone for about six months but returned to visit my children monthly and paid child support in an amount that my ex and I agreed upon. After returning home for a local job, I continued with my half of the 50/50 agreement for 10 months until I lost my job about two months ago and had to move four hours away leaving my ex with full responsibility, including financial. She told me that she made enough money to support the children on her own until I could find another job. Since moving away, I've returned home several times to spend time with my children.
As I continue looking for work in our home town, what can I be doing to minimize the risk of loosing custody of my children and allowing my ex to move them out of the state? Is the judge going to penalize me for not being able to find local work even though I've been making every effort possible to be with my kids?