What happens if my divorce agreement states I can't move out-of-state the with children without permission from the father and he won't give it?

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Divorce agreement says I can't move out-of-statewith children without permission from father. He says no way. Getting remarried and husband lives out-of-state but only 30 minutes away. Ex says must go to court Will I win? He says he'll fight for full custody if I go to court to move, will he win?

Asked 11/17/2009 under Divorce, Marriage, Alimony | 434 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Henry Lebensbaum / Law Office of Henry Lebensbaum Answered 2 years ago | Contributor with 7 answers This attorney is licensed in Massachusetts

It is not a may, it is a must if you want to relocate. 

The test is the best interests of the child, and this could get complicated.

The answer is that the view is not required to agree.  he may have reasons for his reactions. 

The Court is not the place where the matter needs to be resolved.  If you move without the court's permission, this could cause major problems.

If you need assistance, contact me.

You have a right to go to court and seek a modification of the divorce agreement. If you have a legitimate reason for moving out of state, then I see no reason why the court would not allow you to move. Your ex-husband would need legal grounds for seeking full custody such as your children would be in an unhealthy situation living with you and your new husband. I don't know the facts of your case so I can't say if he could win or not on those grounds. But as long as your ex can see his children, and they will only be 30 minutes away, I see no reason for your ex to be unreasonable and uncooperative.

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