If I want to relocate and my ex-husband is considered the primary parent, how can I guarantee my visitation?

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If I want to relocate and my ex-husband is considered the primary parent, how can I guarantee my visitation?

I can not afford legal representation. I wantto relocate for employment opportunities but due to past history with the father, I want to guarantee my parenting time via the guidelines of the state. How should I first obtain legal representation appointed by the court and get the process started to be able to relocate and guarantee that he (the father) will have to adhere to the parenting schedule and provide adequate transportation such as meeting halfway?

Asked on November 1, 2011 under Family Law, Indiana

Answers:

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

Answered 12 years ago | Contributor

I am a little confused about what is or is not in place here between you and the father of your children.  First, do you have a parenting plan with a visitation schedule in place from your divorce?  Does it say anything about moving or relocating?  That issue needs to be determined.  Then you need to get your ex husband's consent to what you want.  You can force him to adhere to the parenting schedule but you may not be able to force him to accommodate you and your move - with regard to transportation, etc.  You may need to request a modification of the agreement based upon a change of circumstances and tell the court about the great job that you got to help better provide, etc.  Try legal services.  The court does not appoint an attorney for these type of cases.  Good luck. 


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