I have joint custody and my ex said she may find a better job somewhere out of state. What rights does she have to do this. Does joint custody prevent this?
2006-08-08 02:49:04 · 9 answers · asked by christsluv4u 1 in Politics & Government ➔ Law & Ethics
I am married to a Marraige andfamily therapist . I live in a 5000 sq ft home on a lake. I can provide a much better inviroment that my ex ever could.
2006-08-08 03:08:35 · update #1
Does your child custody agreement state anything about whether or not the child can be relocated out of the area?
Even if it doesn't address the issue, file with the court for a change of physical custody if your ex moves. You really should do this before she moves, so that it will be less disruptive to the child.
Your ex will have to prove that the move is in the best interest of THE CHILD. If she cannot prove that, the judge should give you physical custody. You have an established relationship with the child, have frequent visitation, and the move will disrupt the father/child relationship. Mom should also have to pay for the increased costs of visitation since she is the one who created the distance. Of course, once you get custody, mom will also have to pay you child support.
You can probably file the motion yourself, but I would suggest having your lawyer do this.
Good luck!
2006-08-08 07:23:48 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
As a divorced father who faced the same issue.I don't know where you live.but nip the idea of moving in the bud and I mean NOW!. she can move usally no more than 50 miles. If you allow her to do this all the cost to see the kids will fall on you. Another issue to watch out for is if you do fight her on the move...here comes the ugly child support increase fairy.........or increased "maintaince". As far as state lines I believe you have to agree to it.
2006-08-08 09:55:15 · answer #2 · answered by answering 3 · 0⤊ 0⤋
I went through this issue 2 yrs ago, here goes. She has to inform you and IF you see your daughter regularly, it has to be w/ your consent. I moved my son 1400 miles from his father even though we have joint custody, the relationship w/ him and his dad was sporadic at best. My attorny said as long as I informed him that was all I had to do.
2006-08-08 10:43:39 · answer #3 · answered by Soul 1 · 0⤊ 0⤋
I think she has to have your permission as well, to move out of state. If she wants to move without your permission I believe she has to go back to court and petition it. I suggest speaking to a lawyer as different states and countries have different laws.
2006-08-08 09:53:12 · answer #4 · answered by Angyles Cerddoriaeth 3 · 0⤊ 0⤋
I know in IL, she wouldn't be able to move out of state without your consent. A different city yes...state, no.
2006-08-08 09:53:36 · answer #5 · answered by Illinoismom 3 · 0⤊ 0⤋
i don't believe so, but she may be required to fit the bill of transporting your child to you for her visitations. but please keep in mind during this whole ordeal what is most important to the child. if your wife is really sincere in moving in order to make more money and you know it would produce a better life for your child, you need to make arrangements to make this work.
2006-08-08 10:04:48 · answer #6 · answered by dumbdumb 4 · 0⤊ 0⤋
YOU SHOULD BE ABLE TO STOP HER FROM LEAVING THE STATE. YOU NEED TO CONTACT YOUR LAWYER, I'M SURE HE CAN MAKE IT SO SHE CANT MOVE OUT OF STATE.
2006-08-08 11:15:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you need to go to family court and find out, I don't think she can but don't take chances with your child.
2006-08-08 09:54:09 · answer #8 · answered by kitkat 7 · 0⤊ 0⤋
no you have to agree w/ it and if she just up and leaves you can have her arrested for kidnapping...best of luck...
2006-08-08 10:24:05 · answer #9 · answered by Anonymous · 0⤊ 0⤋