What do I have to do to move out-of-state?

Question Details:

I live in VA and my ex lives in IL. I want to take a job in NJ where I also will be getting re-married. The distance is only 83 miles further than where I live now. My ex will not agree. We have joint custody but I am going for sole custody in 3 weeks due to the fact that he resides 13 hours away and there is no joint parenting. What do I need to do to move away? Should I bring it up at the court in 3 weeks? Our divorce agreement says nothing about moving .

Asked 11/3/2009 under Divorce, Marriage, Alimony | 206 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

While generally one ex-spouse cannot stop the other from moving to another state, especially if there are legitimate reasons such as relocation for a job, it's important that the other parent has the ability to visit with the children. To make sure that there are no misunderstandings, you should bring up the fact of your desire to move to New Jersey to the court. Since your ex is not agreeing to it, you need to get the court to grant your request and incorporate it into your divorce/custody agreement. Then everything will be legal. But be sure to show the court that you are willing to do whatever is necessary for your ex to see and visit his children in New Jersey or to have the children visit him in Illinois.

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