Joint Custody when one partner moves out of state?

Question

Does anyone have experience with joint custody when the primary care giver moves out of state? And not just out of state but 5 - 10 hours away? (The location is undecided at this point.)

Anyone dealt with this change? Legally can the former spouse stop you from moving? Would the visitation just change from every other weekend to just longer visits less frequently? Just trying to gather some information before it is actually needed......

Thanks so much!

Answer 1

If the primary care giver is assigned in the divorce agreement, and if there is nothing that speaks to that in your divorce agreement, then you can do it.

Answer 2

whenever a parent desires to move out of state, they are required by law to inform the other parent. There should be some kind of court order visitation in place when  parent does this before they leave. If any parent leaves  the state without notifying the other parent, then the remaining parent can file a motion for custody of the children and the parent who moved out of state must return the child. Courts will help you in this matter, it would be wise to contact the courts and see what they tell you to do.

Answer 3

When my ex husband and I divorced, I had to ask his permission to move to another state eventhough he only had weekend visits. Read your divorce and custody papers through or ask your lawyer.

If you dont have a valid reason for moving, your ex can stop it.

Answer 4

If you want to stop the children from being moved to a different state, you'll have to fight it in court.  That means the kids will have to testify against one parent -- and who wants to put their children through that?  It's been my experience that if the primary care giver has an argument that the move is "in the best interest" of the children, no court will keep them from moving.  Most "best interest" arguments for a move away involve moving to be closer to extended family; moving for a better job; lower cost of living, etc.  Unfortunately, not all judges look solely at the benefit of having the kids near both parents.

My stepchildren were moved more than 8 hours away and my husband makes it work.  He sees them regularly.  It's a commitment he made from the beginning and he has stuck with it -- luckily he can afford the travel expenses.  Hopefully you can too.  Keep the every other weekend visitation if you can.  It's important to you I'm sure, but even more important for your kids.

Answer 5

I am sorry that you are in this situation.  My ex moved 8 hours away with our teenagers, and now I hardly see them.  we have joint, also, but i spend about 2 months a year with them now.  Also, when they are gone for so long, they come back acting like the other parent.  It will cost me about 5 grand just to get it before a judge.

Answer 6

If the other parent decide to fight it, it is very likely that they will not allow you to move or they will change custody to the other parent where the kids can stay where they are.  If you look at your custody papers 99% of them will tell you in the last section of the paper that you must not leave the state with the children without permission of the courts first....

The courts do not like to put the children in a possition where one parent is taken  away...

If the other parent gets visits they would be longer less often many times...

I know this stuff through experiece...