Can my ex-husband prevent my 3 children and I from moving if the military is requiring my new husband’s relocating to another state?

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Can my ex-husband prevent my 3 children and I from moving if the military is requiring my new husband’s relocating to another state?

I recently married a Navy veteran who is considering re-entering another branch of the military.

Asked on June 29, 2015 under Family Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since you have a custody agreement in place, you will need to get the court's permission for the move. If you relocate without its permission, you will be in contempt of a court and could be charged with parental kidnapping.

In these type cases, the burden in convincing the court to allow a move is on the party seeking it. In making its determination, the court will look at the "best interests of the child" and consider such factors as the reason for the move; the motivation of the parent opposing it; the advantages/disadvantages of relocation on the life of the child(ren), the likelihood that a reasonable visitation schedule can be arranged for the non-custodial parent, and things of a related nature. The fact is that, a parent who requests an out of state move because of a new spouse or a job will have a stronger case than a parent who wants to move simply to get away from the non-custodial parent.

At this point, you should consult directly with an attorney who specializes in child custody cases. They can best advise you further.


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