How likely will a judge let me relocate with my children?

Question

I've divorced for over 5 years to my ex with whom we have 2 daughters ages 7 and 11. He divorced me to be with another woman. I remarried 3 years ago and have a son with my husband and another baby boy due in december.
After my divorce, my ex lived 4 hours away for 3 years and saw them when he could, he now lives in the same town as me and we have 50/50 custody and visitation.
My current husband may have a possible job oppurtunity 8 hrs away making about $20,000 more a year with room for promotions and such. He wants to pursue this career path for it benifits all of us. I don't want to move without my daughters though. I have never been apart from them. I would have to take my ex back to court for I know for a fact he would dispute it. My ex is not married with no other children. I would most likely go back to the old parenting plan when we first divorced. Feedback please.

My ex husband is a deputy sherriff for the county we live in. I called the county that we could relocate in in South Carolina and the deputy I talked to said that they are always hiring, and that means my ex could relocate there as well if he wanted too.

Answer 1

"May have a Possible job..."

He wants to pursue this career.

You guys need to determine a reasonable distance from your current home and keep his options open only within that range.

The judge will look more favorably on your petition if he feels you are being reasonable and the raise really does warrant it.

Your husband can research his opportunities within the desired range and take steps to become eligible for a job with a company in the right location.

Also, how much of that $20G is going right back into the gas tank, and the stop at MacDonalds, etc. involved in getting the kids to see Dad?

Answer 2

You don't stand a good chance at all. Yes, your new husband may have a great opportunity, but your kids dad is more important in the courts eyes. You can try to get it okayed through a judge, but if the father fights it the judge is going to listen, especially since he now has 50/50 custody of the kids.

Not to mention the other side, which is how it will effect your kids. You may not think it will, but they have had their dad with them for some time now and it will really hurt them to lose the contact they have. For their sake alone it is a bad idea.

Then again, even if you did get permission... you may find that you will have to pay all the costs to keep up visitation with their dad since you were the one who moved so far away. Are you prepared to pay those costs?

Your best bet is to stay where you are... their dad is important to them. When they are older and grown then you can go as you want for any reason, but now, they need him to be there as much as possible. Especially them being girls... losing their dad can have a huge effect on them is so many bad ways. Don't risk it... do what is right for your girls. Stay close to their dad.

Answer 3

As a mother or 2 that is divorced, myself. The court will not stand against you. That is that one thing that I asked my lawyer out right. If you have the opportunity to make more as a family, the courts cannot stand in the way. If you were moving out of spite (and it doesn't sound that way), then they could very well stop you.

I think you have an excellent shot of keeping the kids and being allowed to move with minor changes to the current parenting plan.

Good Luck!

Answer 4

does your ex pay any child support? would it be fair to your 2 daugthers? how is their relationship with their father? is he a good father to them? if they are close to their father then i would strongly disagree with relocating them if you were allowed. now with that said, if, is a very strong question. i do not see any judge allowing you to relocate that far away if you and your ex have 50/50, especially if he pays child support and your ex has been exercising his right when it is his turn to have them. i take it that you have not discussed it with your ex by you saying you know for a fact he would dispute it, why not talk it over with him? after all, he does have the same rights to the children as you do. i apologize if i sound harsh but i had my ex try and do the same with my son. our judge did not allow it due to it not being in the best interest of my son. that is the bottom line. its not what is in the best interest of you and your current husband but that of your children, and your current husband should respect that. my question for you is how would you feel if he moved with the children that far away. could he?, if you both have 50/50? how would you take it if he wanted to relocate with them 8 hrs away? fair is fair, right?

Answer 5

If he is making that much more offer to pay for the fathers expenses to come see his children. But if he has 50/50 custody for this long, it would be a shame. Is the job in the same state? If so you will have better chance with the Judge.

Answer 6

I believe you can take your kids anywhere you want where your husband goes you go 8hrs isn't that bad long drive but not bad have your new husband adopt for reason saw them he could that would mean had to make time 4 the girls good luck

Answer 7

When you married your present husband he KNEW you had two girls. He should not take a job that would keep your daughters away from their natural father. It's wrong of you to do this. They need their father as much as they need their mother. Did you have to live far away from your father growing up? How did you like that, if you did? I would have been furious with my mother if she'd taken me away from my dad as we had a close bond and I loved having him walk me down the aisle at my wedding. Will a judge let you do this? Maybe. Should you? No.

Answer 8

In my experience it depends on what the Judge feels is best for your daughters.

Answer 9

i think it depends on the judge of what he thinks is best for your kids and i think when your kids turn 18 they get to decide who they want to stay with

Answer 10

You will to talk to a judge about this.