What can I do if my ex-wife decides to move to the next county over and uproot the kids?

We have 50/50 custody of the kids. They will have to drive over 45 minutes to school each morning when she moves. This I see as a hardship on the children.

Asked on December 6, 2011 under Family Law, Colorado

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Thank you for submitting your question regarding your rights for child custody if your ex-wife decides to uproot your children and move them out of the country. Custody, child support, and visitation can be difficult issues to address, since every situation is unique, and the court will always examine what is in the best interest of the child. Sometimes what the court views as the best interest of the child, is not the best interest of the parents. While a parent may want to move far away for a change in scenery, the court may not think this type of move is in the best interest of the children to move away from their other parent.  Additionally, in most child custody orders, a parent cannot move out of state or travel out of state without the permission of the other parent. 

When a court is determining child custody and visitation, the court will often consider which parent is more likely to keep the relationship with the ongoing.  Quite often, it is the parent who is more willing to support the continued relationship between the child and other parent, who will maintain custody of the children. 

If your current child custody agreement does not address travel and/or relocation, you can petition the court for a modification of the current agreement.  Once your agreement lists guidelines for travel and/or relocation, both parents are legally obligated to follow the agreement.  If one party violates the agreement, the court can hold that party in contempt. 

There are a number of factors to consider, and you may find it helpful to contact a family law attorney in your area that can guide you through this process.

 


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