QUESTION
Can my ex who has 50/50 custody relocate our children?
Asked on Apr 24th, 2015 on Child Custody - Nevada
More details to this question:
Can a recently ex husband up and move 2 hours away, while sharing 50/50 custody, and have the court decide this is best for children? Uprooting them from their home and mother of 9 years? Would a judge even consider this, he is moving to be with his girlfriend. mother has no issues, working part-time and can support children.
1 ANSWER
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Can the Judge consider his motion to relocate? Yes. Will he be granted the ability to relocate, thereby changing custody (you cannot share 50/50 custody with that great a distance, at least not with school age children) and changing visitation? No way to say without knowing much more. Of course he, as an adult, can move wherever he wants. But whether or not the children move with him and custody/visitation is changed is what is at issue. He needs to file a motion, even if moving within the state, unless he has your consent to a change. Most importantly, can he prove a material change in circumstances affecting the welfare of the children since the last custody order was entered? If your divorce was recent, the answer to that question is likely a NO, and that means custody should not change (or at least not change to have the children move from where they are already stable).
Answered on Apr 28th, 2015 at 2:08 AM