What are my options regarding my wife moving several states away from where I live?

I currently live in one state and my wife lives in another; my children live with their mother. I have the following visitation; 1/2 of summer break, every other Thanksgiving, 1/2 of winter break and all spring break. We each drive about 4 hours to the meeting point to exchange children. However, now she has informed me of her intentions to move to a stae that is much furhter away in the next 30 days. Exchanging the children by driving is out; it will now be about 11 hours for each of us. Her solution is to fly them back and forth and split the cost but I can’t afford that: it’s about $1400 for 4 round trip tickets. With the distance we now have, I am still able to drive down and see important life events for the kids but once they move that far, that will be impossible.

Asked on September 10, 2012 under Family Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

Please go and speak with an attorney as soon as you can and bring your agreement with you.  Your agreement will help to determine your rights and what you need to do.  Generally parties agree to a mile or distance amount that they can move for the very reasons that you state here: so that each parent can participate in the lives of their children.  In the meantime, speak with a lawyer on the state in which the children reside to bring an emergency petition to prevent her from moving them and/or to modify the custody agreement pending a hearing.  It must be brought in the state in which the children reside.  Good luck.


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