If I have a shared parenting plan with my ex-husband, can I move and take my children?

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If I have a shared parenting plan with my ex-husband, can I move and take my children?

I share custody of my 2 daughters with my ex-husband. In lieu of child support, the divorce decree states that he is to pay the house payment and allow me to live there until our daughters leave home, or if i remarry or establish a live in relationship with someone. If any of these conditions occur, then we are to sell the home and split the proceeds 50/50. I recently got a job which requires me to drive an hour each way. It is very expensive, tiring, and I never feel like I get to spend time with my kids. I want to move closer to my job, and I want to take my children with me, as the city I work in has much better schools. In order to have the money to get started somewhere else, I need to sell the house. My ex-husband refuses to put it on the market, and refuses to buy me out. He is doing this because he doesn’t want to live an hour away from our children. What legal options do I have? Can he keep me in that house? Do I have a chance at getting my kids to move with me? I would never give up the time I have with them now, so if they can’t move with me, I won’t go. However, I can provide much better for them if I was closer to my job.

Asked on August 22, 2012 under Family Law, West Virginia

Answers:

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

Answered 8 years ago | Contributor

Your settlement agreement in the divorce should have addressed this issue.  If it did not then you are going to have to go back to court to ask to move.  And at the same time you can ask that the court allow you to sell the house.  You have a valid reason for wanting to move: giving them a better way of life and being better able to support them.  He has a right to see the kids just as much as you do so the reasons for moving have to be compelling.  Seek legal help.  Good luck. 


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