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Can my ex-wife move 300 miles away with kids?

Question Details:We had an ugly divorce. Ex says she wants to move 300 miles away for school. She has enough credits (from a few years ago) to graduate in a year from a local school, but she wants to switch majors. I have custody on Tuesdays and every other weekend. Can she move if I don't agree to it? She would be taking kids away from her parents, whom the kids are very close to. She also has a history of alcohol problems and got a DUI/resisting arrest after an accident when she came to pick up kids (the divorce court does not know this). I don't trust her to be that far away with no support.

Asked 2 years ago under Child Custody, Support, Adoption | 1194 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

In a situation where a custody order is already in place, it cannot be maintained if one or both parties move out-of-state.  Accordingly, a move could mean that you are in contempt of a court order. Your wife would have to file for modification of the existing custody order to obtain the court's permission to move with the minor children.

The factors in determining if such a move will be allowed include, but are not limited to: the motivations of the parent desiring the relocation; the motivation of the parent opposing the move; the advantages of relocation in terms of its capacity to improve the life of the minor child; any disadvantages of relocation on the minor child; the likelihood that a reasonable visitation schedule can be arranged which will preserve and foster the parental relationship with the noncustodial parent; the likelihood that the parent desiring the move will comply with visitation orders after they have relocated to another state.

A parent who wishes to relocate because of a job, new spouse, or to care for sick relatives will have a stronger case than a parent who simply wants to move away from the non-custodial parent. Similarly, a parent who can demonstrate that the move offers numerous advantages in terms of its capacity to improve the life of the minor child has a stronger case than a parent of a minor child for whom the move offers numerous disadvantages. 

Considering her history of alcohol abuse and the fact that she would be leaving both the area that you and her parents live in, I think you can make a strong argument for having the move denied.  At this point, you should consult an attorney with experience handling these kinds of cases.

Best of luck.

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