We have been divorced 3 years and I keep my kids every weekend and any time I can during the week. My x is talking about moving them to another state away from me while pointing out the divorce papers state she is able to move anywere regardless of geographic location. Her prepaid legal did the divorce papers.
I would hire an attorney to have a judge throw that provision out based ON your desire to maintain parental responsibilities nearby. It might be trickily, but a good lawyer knows legal prescident from other cases. Also, you might be able to state that it is your intent to maintain regular parental ties, which she is denying you...You then can claim 'parental alienation' which is a form of child abuse. I'd certainly google that term and look at its broad implications in your arguments. That means if she moves far away, she is actually,. committing child abuse punishable by jail time and a reversal of custody should you desire it. If she wants a good fight and possibility jail time, let her try. She could be extradited back to your locale and jailed for CHILD ABUSE, the way I see it.
Get a good lawyer and fight it! These "prepaid" legal people are nothing but jokes to begin with! Most are law students doing it for course credprepaid legal divorceit and some are only paralegals! Get a good attorney it will be well worth the cost to have your children in your life; besides the fact that most women move the kids or try to move the kids only because they are pi$$ed at you and it's the only way they can hurt you, the thing they fail to realize is that they are hurting the children even more then they hurt you but because they only think of themselves instead of the children like they claim.
Good luck
You need to have your attorney request a relocation hearing
File a modification RIGHT now that says she can not move more than 20 miles away from you. Then she would have to seek permission from the courts if she wanted to move, but she would have to have a REALLY good reason to move like a spouse is in the army or a job offer making double what she makes...etc. The court can not force her to stay where she is but they can force her not to take the kids with her.
She is allowed to do this but when I went through mine, I had to notify the court and my ex. I also had sole custody so that was probably why mine was so easy. You can always contest it but that may require an attorney. You could consult with one anyway since consults usually do not cost you anything.
Your best bet right now iprepaid legal divorces to immediately file papers in family court stating that you want it stated in the visitation/custody order that she is not to move any farther than 50 miles from your location. My parents did that when I was a kid and they split up. My husbands ex wanted to move to alaska and could not because he has a visitation order that could not be held up if she were to move there. He does not have joint custody and she still was not allowed to move that far.
She can unless you contest it...I suggest you hire an attorney.
As far as I know in the state I am from, the custodial parent in a joint venture of custody has to have permission from the judge and other parent before moving out of state.
if thats what the court order says then she can do it...you can change your order you know? file a motion to have it changed...contact an attorney for advice on it and dont just sit around talking about it, do something.
If the custody agreement states that, then yes she can. However, if you are in a position to do so, you may wish to first petition the court for primary custody, or get an emergency injunction against her moving under the basis of not wanting to disrupt the childrens education by forcing them to change schools.
No comments:
Post a Comment