If my fiance has a child from a previous relationship, will she be able to move after we’re married?

My fiance and I are in MI and are planning on getting married earlier than expected. Basically, I’m about to move to NC for a new job. My wife was not married before but she says that she can’t go more than 100 miles away from her child’s father per their custody agreement. Would my wife to be be able to join me in NC or is there a way that she can get the miles extended?

Asked on September 27, 2018 under Family Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The only way she can move would be either voluntarily renogotiating the custody agreement (and then having the change approved by the court--which is not guaranteed, but is likely if both parents agree) or by going to court, convincing the court that the change will either be good for (happier, more financially stable mother) or at least neutral (not bad for) the child and get the court to order the change. She and you should consult with a family law attorney--having an experienced attorney is the best bet for getting the change you and she want. Remember: it has to be approved by the other parent and/or the court, so there is no unilateral right to do this. You need someone good at negotiating and presenting evidence, and who knows the law, to go to bat for you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.