In a divorce can my wife request me to reside in the same state until our kids are 18?

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In a divorce can my wife request me to reside in the same state until our kids are 18?

We’ve been separated for 7 years. Trying to do the divorce on our own. Everything is agreed upon except she says that I cannot move out-of-state to be with my girlfriend until the kids are 18. We both reside in WA and our kids are 15 and 10.

Asked on August 22, 2010 under Family Law, Washington

Answers:

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

Answered 10 years ago | Contributor

A divorce settlement and agreement is a contract as between you and your wife.  You and she can agree to the terms and if you can not agree, a Judge will decide based upon the law in your state. Parties generally place what is known as a mileage restriction for moving on each other something like each of you can not move more than 50 miles away.  This is to make it easier to deal mostly with the children and not place an undue hardship when visitation comes around.  You do not want to have to drive an unreasonable distance to pick them up and drop them off.  This all focuses around custody issues as well. You may want to seek help at this stage of the game.  Many of the issues as to child custody and support are mandated by the state but some are flexible.  Good luck.


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