Can my wife prevent me from relocating with my daughter if I have an opportunity for a better life and job, if we are not divorced yet?

We have a notarized agreement stating that I have residential custody of our daughter and her of the boys, I have a great opportunity to relocate and make a better life but she wont sign an agreement stating my fiancee is authorized to make decisions and to take care of her whether I’m present or not because she doesn’t like her. And she hasn’t seen her daughter in 7 months because she doesn’t want to or even call, me and my fiancee have been living together for a year with my daughter.

Asked on August 23, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Depending on what your agreement states on the issue yes, I think that she can. Many agreement limit parents in how far that they can move from each other with the children. If yours is silent to the issue then what is reasonable in case law will probably be applied.  Her actions are known to you and not to a court but she as a parent has a right to reasonale access to see her child pursuant to the agreement.  The fact that she does not choose to see her may be helpful to you in a petition to the court to allow you to move with your daughter based upon the reasons that you give here: better job and hence a better life.  Seek legal help here  Bring the agreement with you.  Good luck.


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