What exactly does this mean?

Question

I just went through a custody battle and I was awarded primary physical custody but was not allowed to move out of state because of the age of my young children. I have to go back in two years and plead my case once again. The only problem is, I really cant afford to live in the expensive area I live in. It does state in the court order that I would be able to go back to court if there were a "Material change in circumstances". What exactly does that mean?

Answer 1

It means it's OK to go back to court if something drastic happens in your life. For example where you works says move to (insert state here) or lose your job. As long as you move to another part of the city, just let your ex know and you are fine.

Answer 2

In your case, this means any change in your circumstances that bears on the court's decision. For instance, if you lost your job, but found a good one in another state, this would be a "material change" that could alter the court's decision to restrict you to your present residence. However, you have another problem in that the reason you want to move was known to you at the time of the initial hearing. Evidently it was not brought up at that time. A way around this is to point out that the residence restriction was not anticipated by you at the time of the hearing (if true), so it was not brought up. You don't say one way or the other, but I do know that courts tack on conditions to a decree on their own motion. I assume this is what happened here. If you get a new hearing, be prepared to show specifically how a move will help you financially, and will not denigrate the intent of the court's decision. Hope this helps. Good luck!!

Answer 3

A change in money or job status. But you will have to convince the judge that moving the children away from the other parent is the only option open to you. My brother in law just went through this. The judge told the mother she was free to move but the child stayed. If the father isn't willing to take full custody you stand a better chance.

Answer 4

A material change in circumstances is something significantly different than it was at the time of the order.

Examples: your company fires you (without fault on your part), your company goes bankrupt or closes the branch, the town burns down, the other person gets married, the other person changes residence, the other person gets a criminal conviction -- anything that (if it had happened at the time) could have changed the outcome.

And the order only says "not move out of state", so you are not limited to that one city/town....

Answer 5

Material change in circumstances means a significant change. Lost a job, got sick, a parent of yours got sick and you need to care for him/her. Basically something big has changed. If your finances did not change since the order there has not been a material change. You probably can move from an expensive to less expensive neighborhood.

Answer 6

Are we talking an entire state here? "Not allowed to move out of state". You're saying there is no part of the state you can afford to live in? Perhaps the custody award should be re-examined.

Answer 7

That means there must be some change that makes your living situation impossible or almost impossible without some changes. Something like health of your children, change in jobs, or something of that nature. You could try moving to a cheaper area inside the state.

Answer 8

That means having lost a job, or having gotten one elsewhere, or endured some financial catastrophe. Any state will have cheaper areas and more expensive ones, and you can comply with the legalities by moving to a cheaper one.

Answer 9

The word "material" can be interpreted as "significant," so you would be able to go back to court if there were a significant change in circumstances.

Talk to your lawyer.