Is my ex-husband allowed to move anywhere he wants to and avoid his obligation to raise our daughter?

I have been divorced for 2 years. My ex-husband is currently still in the military but will be getting out later this year. Since we have been divorced he barely sees his child, yet has time to go see his girlfriend who lives across the country. He has informed me he will be moving in with her when he gets out. She is 4 years old and it is not like she will be able to go back and forth across the country to see him often since she will be starting school. I know that if he was in the same state as me I could petition the move but since he is already out of state is there nothing I can do.

Asked on January 8, 2013 under Family Law, Oregon


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

Answered 8 years ago | Contributor

I am so sorry for the situation.  For you as well as your daughter.  You do have a right to hold your ex to comply with the custody and visitation schedule.  Of course in this situation that may be an impossibility and unfortunate for all of you.  You should consider going back to court and modify the agreement.  Perhaps since he is not going to have her that often you could ask for additional funds for babysitting, etc., and to have him pay for her transportation across country and to take her for longer stays rather than weekend visits.  Good luck.

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