In a 50/50child custody situation, canI takemy childrenwith me if I have to re-locate for my job?

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In a 50/50child custody situation, canI takemy childrenwith me if I have to re-locate for my job?

I have 2 children –  10 and 7 years old. I was recently offered a job about 150 miles away and want to take my kids with me. Our placement has no set schedule and for the majority of last year they were with me (due to a new school that they transferred to). My ex is on the verge of eviction and has no job. When the kids are with her she has 4 of them sharing a bed with my kids. I only have one month to start my new job but I don’t want to go without my kids (who also want to go). I need to do something fast and don’t know where to start since my ex is unwilling to compromise on anything.

Asked on August 5, 2010 under Family Law, Wisconsin

Answers:

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

Answered 10 years ago | Contributor

Generally divorce agreements have in them a restriction regarding the radius in which a party may move away with the children.  It can be 50 miles or whatever is reasonable under your circumstances.  Maybe it is time that you petition the court to be the custodial parent of the children and allow you to move with them because of the better life that you will be able to offer them.  Be aware that the courts do not like to cut off the other parent, so to speak, or make it difficult for the parent to see the children on a regular basis.  But if there has been a "change in circumstances" and you can prove that it would be best for them (and the older one may be able to have a say to the judge) and that your ex will have access to them and for say vacations or otherwise, the court ma let you do it.  But you need to speak worth an attorney for help and the attorney needs to be familiar with these matters.  How you ask the judge matters.  Good luck.


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